The Supreme Court of Nigeria has struck out an application for stay of proceedings? before a High Court of Kogi State filed by the ex-governor,? Prince Abubakar Audu who is being prosecuted by the Economic and Financial Crimes Commission, EFCC, over embezzlement of public funds.
The ex-governor, through his counsel, Mike Ozekhome, SAN, had on January 24, 2011, filed before the Supreme Court, an application for stay of proceedings at the lower court pending the final determination of the substantive suit which is before the apex court.
Five justices, including the Chief Justice of Nigeria, Justice Dahiru Musdapher, took the decision to strike out the application on November 16, 2011, while sitting in Chambers.
The other four justices are: Walter Samuel Nkanu Onnoghen, John Afolabi Afibiyi, Olufunlola Oyelola Adekeye and Mary Peter Odili.
Audu was originally arraigned on an 80 count charge of fraud and embezzlement of public funds to the tune of over N4 billion while he was governor of Kogi state between 1999 and 2003. The charges which were filed on November 30, 2006 had suffered several setbacks.
At the resumed hearing of the case in Lokoja on December 9, 2011, the one page ruling of the Supreme Court which was certified by Muhammed B.A. Nyako was presented before presiding Justice Saidu Tanko Husseini of the High Court of Kogi State. It was to clear the barricade that had characterized the proceedings of the corruption case that commenced since 2006.
But immediately the attention of the court was drawn by the prosecution counsel, Rotimi Jacobs to the ruling, Ozekhome, SAN, jumped up and expressed shock at the one page ruling, telling the court that the one page document could be another forgery and should not be admitted by the court.
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