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LequteMan
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A Federal High Court in Lagos on Friday struck out a N77 million fraud suit against Kazeem Adedeji, a former of Commissioner for Trade, Investment and Cooperative, Oyo State.
Justice Chukwujekwu Aneke said he struck out the case for want of diligent prosecution.
Adedeji is standing trial alongside Yinka Fatoki, a former Director of the Ministry, and Kolawole Adewole, a staff of the Bank of Industry, on a six-count charge ranging from conspiracy to fraud.
After the arraignment of the accused on Oct. 3, the prosecutor, Mr Effiong Asuquo, has been absent from court.
On Oct. 11 when the case came up, counsel to the accused, Mr Olabode Iranloye, informed the court that the prosecutor who was earlier seen in the court premises, deliberately refused to attend the proceedings.
The judge then adjourned the case to Nov. 25 for trial at the instance of the prosecutor.
On the adjourned date, the prosecutor was still absent from court on grounds of ill health and the defence counsel urged the court to dismiss the suit.
Aneke, however, refused to dismiss the suit, adding that he would afford the prosecutor another opportunity to be present in court.
At the resumed hearing of the case on Friday, the defence counsel also drew the attention of the court to the absence of the prosecutor.
The prosecutor, he said, was being represented by one Ola Idowu, who was not prepared to go on with the trial.
The defence counsel added that the continuous absence of the prosecutor was an affront to the judicial powers of the court and urged the court to strike out the suit for want of diligent prosecution.
Aneke, in his ruling, struck out the suit against the accused for want of diligent prosecution.
“The prayer of the defence counsel is hereby granted as prayed, and this suit is accordingly struck out for want of diligent prosecution,’’ he said.
The accused persons had previous pleaded not guilty to the charges.
Aneke had also granted them bail in the sum of N10 million each, with two sureties each in like sum.
The prosecutor had told the court that the accused committed the offence between July 2012 and June 2013.
He said that sometime in 2012, while Adedeji was still commissioner, the Oyo State Government entered into a partnership agreement with the Bank of Industry, known as OYSG/BOI Fund.
The objective of the fund was to create a pool from which indigenous entrepreneurs could access credit facilities.
He told the court that both parties had made a contribution of N500, 000, 000 each-- amounting to N1 billion-- aimed at promoting Micro and Medium business in Oyo State.
According to the prosecutor, Adedeji lodged the said contributions in Enterprise Bank where his wife allegedly worked as an account officer, without the consent and approval of the government.
He told the court that the accused then conspired to obtain N77 million, which they allocated to non-existing companies.
He also alleged that the accused granted the facilities to Josh-Tolani Ventures, Tembenatil Ventures, Ojoo, God's Grace Cooperative Society, Agric Preserve Company Ltd., and Adis Steel Work Ltd.
The prosecutor said that upon investigation at the Cooperate Affairs Commission (CAC), it was discovered that none of the companies existed.
The offence attracts a term of not less than 20 years imprisonment, if convicted.
Justice Chukwujekwu Aneke said he struck out the case for want of diligent prosecution.
Adedeji is standing trial alongside Yinka Fatoki, a former Director of the Ministry, and Kolawole Adewole, a staff of the Bank of Industry, on a six-count charge ranging from conspiracy to fraud.
After the arraignment of the accused on Oct. 3, the prosecutor, Mr Effiong Asuquo, has been absent from court.
On Oct. 11 when the case came up, counsel to the accused, Mr Olabode Iranloye, informed the court that the prosecutor who was earlier seen in the court premises, deliberately refused to attend the proceedings.
The judge then adjourned the case to Nov. 25 for trial at the instance of the prosecutor.
On the adjourned date, the prosecutor was still absent from court on grounds of ill health and the defence counsel urged the court to dismiss the suit.
Aneke, however, refused to dismiss the suit, adding that he would afford the prosecutor another opportunity to be present in court.
At the resumed hearing of the case on Friday, the defence counsel also drew the attention of the court to the absence of the prosecutor.
The prosecutor, he said, was being represented by one Ola Idowu, who was not prepared to go on with the trial.
The defence counsel added that the continuous absence of the prosecutor was an affront to the judicial powers of the court and urged the court to strike out the suit for want of diligent prosecution.
Aneke, in his ruling, struck out the suit against the accused for want of diligent prosecution.
“The prayer of the defence counsel is hereby granted as prayed, and this suit is accordingly struck out for want of diligent prosecution,’’ he said.
The accused persons had previous pleaded not guilty to the charges.
Aneke had also granted them bail in the sum of N10 million each, with two sureties each in like sum.
The prosecutor had told the court that the accused committed the offence between July 2012 and June 2013.
He said that sometime in 2012, while Adedeji was still commissioner, the Oyo State Government entered into a partnership agreement with the Bank of Industry, known as OYSG/BOI Fund.
The objective of the fund was to create a pool from which indigenous entrepreneurs could access credit facilities.
He told the court that both parties had made a contribution of N500, 000, 000 each-- amounting to N1 billion-- aimed at promoting Micro and Medium business in Oyo State.
According to the prosecutor, Adedeji lodged the said contributions in Enterprise Bank where his wife allegedly worked as an account officer, without the consent and approval of the government.
He told the court that the accused then conspired to obtain N77 million, which they allocated to non-existing companies.
He also alleged that the accused granted the facilities to Josh-Tolani Ventures, Tembenatil Ventures, Ojoo, God's Grace Cooperative Society, Agric Preserve Company Ltd., and Adis Steel Work Ltd.
The prosecutor said that upon investigation at the Cooperate Affairs Commission (CAC), it was discovered that none of the companies existed.
The offence attracts a term of not less than 20 years imprisonment, if convicted.