A Federal High Court in Lagos postponed on Monday till May 22 to await a response to a motion for fiat in a money laundering case filed against Haruna Babajauro, former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA).
A “fiat” is a legally binding directive issued by a court or judge to perform a certain action.
The Economic and Financial Crimes Commission (EFCC) is prosecuting the defendant and two individuals on a 19-count charge of alleged N304.1 million in money laundering.
The other defendants are Dauda Bawa and Thlumbau Enterprises Ltd.
Justice Kehinde Ogundare set the date for Monday after learning from the defense that counsel had already requested a fiat from the Chief Judge of the Court, allowing the previous judge to continue with the case.
When the case was called, Mr. Abbas Mohammed stated his appearance for the prosecution, and Mr. V.C. Maduagwu announced his appearance for the defendants.
Defense counsel first apologized to the court for the defendants’ absence on the grounds that they could not travel from Jos, noting that the defendants had always been there to face trial.
Furthermore, defence counsel reminded the court that the case is being heard by a former judge, Justice Tijani Ringim, who has since been transferred out of the Lagos Division.
He informed the court that on December 8, 2023, counsel applied to the Chief Judge for a fiat allowing Justice Ringim to proceed with the trial, and that a reminder was also issued on February 15.
He stated that he is still waiting for a response and has requested that the court set a new date for reporting on the fiat.
The court postponed the case until May 22 for a report on the fiat.
The defendants were originally brought before retired Justice Mojisola Olatoregun on April 12, 2016.
They had pleaded not guilty to the accusations, and Olatoregun had granted them bail in the amount of five million naira apiece, with two sureties in the same amounts.
The trial had begun before Olatoregun, but after she retired, the charge was transferred to another judge, Justice Chuka Obiozor, and the case began again once the defendants were re-arraigned.
The prosecution was still leading witnesses in evidence when Justice Obiozor was reassigned to a different division of the court.
The case was then assigned to still another judge, Justice Tijani Ringim.
The accused were re-arraigned before Ringim, and the trial began with the prosecution calling two witnesses, but Justice Ringim was reassigned out of the Lagos division in late 2023.
The matter is currently being heard by the new judge, Justice Kehinde Ogundare.
The EFCC claimed that in January 2014, the defendants diverted the agency’s funds for personal gain.
According to the anti-graft agency, the acts violated sections 15(3) and 18(a) of the Money Laundering (Prohibition) Act of 2012.(NAN)