A Lokoja High Court has fixed December 9 for ruling in the case between the Economic and Financial Crimes Commission (EFCC) and the former governor of Kogi State, Prince Abubakar Audu.
The presiding judge, Justice Saidu Tanko Husseini disclosed this during a session yesterday after listening to the arguments of both parties.
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Counsel to the former governor, Mike Ozekhome, SAN, had argued that the case could not continue on the grounds that he had already filed four motions on stay of proceeding over the matter.
He explained that two of the motions, which are currently before the Supreme Court, would be heard on December 8, while two others on preliminary objection are before the High Court.
Ozekhome therefore urged the court to stay action on the matter indefinitely, since the core of the case was before the Supreme Court.
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He insisted that it was after the outcome of the matter at the Supreme Court that the high court could know what to do, saying it would amount to indiscipline or judicial rascality for a lower court to continue with a case before a superior court.
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But counsel to EFCC, Rotimi Jacob, opposed to the Ozekhome’s submission, saying Supreme Court did not give orders that the court should stay proceedings over the matter.
He posited that if the court agreed with the submission of Ozekhome, it would contravene section 40 of the EFCC Act,2004, noting that no provision of the constitution talked about stay of proceeding in a criminal case.
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While urging the court to take into cognizance the fact that the matter had been on since 2006, Jacob maintained that the former governor was simply trying to delay the case.
The presiding judge, Justice Saidu Tanko Husseini subsequently adjourned the case to December 9 ?for ruling over the matter.
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