By Tony Ochela, Abuja
Federal High Court in Abuja yesterday ordered the lawyer to the Economic and Financial Crimes Commission, EFCC, Abbas Mohammed, to confirm and report back to the court if an alleged misleading report on the court’s proceedings was from the commission’s website.
Justice Obiora Egwuatu gave the order after the defence lawyers in the money laundering trial of Ali Bello and his co-defendants accused the EFCC of publishing untrue accounts of what transpired in court on Tuesday on its website.
Abubakar Aliyu (SAN) and Nureini Jimoh (SAN), who appeared for the defendants in the alleged N3 billion fraud, had informed Justice Egwuatu about the development shortly after the matter was called.
They complained that a report on Tuesday’s proceedings posted on EFCC’s website and on social media contradicted what transpired in court and that this was not the first time such would happen.
According to the lawyers, the witness (PW-3), who was cross-examined, noted that he never said the money used in the payment of the school fees of the children of former governor Yahaya Bello came from the Kogi State government, but what EFCC is saying in the media is different.
Upon the resumed hearing yesterday, Jimoh, who appeared for the second, third and fourth defendants, had informed the court that though the matter was slated for continuation of hearing, he had a preliminary application to make.
He said his application hinged on the publication by the prosecution.
The senior lawyer alleged that there had been incessant and unfair publications by EFCC against the defendants, which might negatively affect public confidence in the administration of justice.
“We have kept quiet severally when these publications were coming from the EFCC so as to allow the trial to proceed.
“Misleading publications were meant to incite the public against the decision of the court in the trial.
“After proceedings yesterday (Tuesday), in the evening, we saw a disturbing publication on EFCC’s website, saying PW-3 (the third prosecution witness) affirmed before Justice Obiora Egwuatu of the Federal High Court in Abuja that funds were brought to him (witness) by agents of the state government to pay the school fees of Alhaji Bello’s children,” he said.
The lawyer said such publication, which was contrary to what actually transpired in court, could grossly affect the proceedings of the court and public confidence in the justice system.
“I want to draw the attention of your lordship to Rule 39 of the Rules of Professional Conduct that forbid such advertisment or publication.
“My application therefore is that if this honourable court finds that this publication is contrary to its proceedings yesterday, that it directs that the publication should be brought down immediately on the website and EFCC should publish a rejoinder immediately.
“My number three application is that EFCC should stop forthwith from making such publications,” he said.
Urging the court to suspend proceedings pending when EFCC complies with the directives, Jimoh said this is to ensure the sanctity of the administration of justice in obedience to statutory laws.
He then gave a copy of the printout of the publication from the commission’s website to EFCC’s lawyer, Mohammed.
Corroborating Jimoh’s submission, Aliyu, who represented Bello (first defendant), drew the attention of the court to the ruling of the Supreme Court in Atiku Abubakar Vs. INEC and others.
The lawyer said the apex court cautioned lawyers against engaging in social media reports to divert the attention of the public from what really transpired in court.
According to him, the court says counsel(s) must review their conduct and desist from engaging on social media.
“We have a situation where what the witness said is contrary to the report on social media.
“This is not the first time this is happening. We made same complaint before Justice Omotosho.
“The witness (PW-3) said he never said the money came from Kogi State government, but what they are saying in the media is different,” Aliyu added.
Responding, EFCC’s lawyer said though he had seen the printed publication, he could not verify its source for now.
“Confirm for clarity sake whether it is from your website,” the judge said.
Responding, EFCC’s counsel said, “I will need to confirm from the media team my lord. We are ministers in the temple of justice that is why I said I would need to confirm from the media team.”
Justice Egwuatu in a short ruling ordered the prosecution lawyer to confirm the publication in his office and report back on the next adjourned date.
Meanwhile, the trial continued with Aliyu’s cross-examination of PW-3, Jamilu Abdullahi, a Bureau-de-Change operator.
When Aliyu asked the witness if Mohammed Idris was the person that brought the $300,000 to him, the witness said he could not remember who brought the money.
Again, when the lawyer asked PW-3 if he would be surprised that the N2.1 billion paid into the second defendant’s account on December 14, 2021, from which the school fees was paid, was a loan from Access Bank, the witness said he does not know the source of the money.
The judge thereafter adjourned the matter to November 28 for continuation of hearing.
It would be recalled that on Tuesday, PW-3 was cross-examined by Aliyu in the ongoing trial.
EFCC had filed an alleged money laundering charge against Bello, Abba Adaudu, Yakubu Siyaka Adabenege and Iyadi Sadat as first to fourth defendants, respectively.
Although they were arraigned before Justice Egwuatu, they all pleaded not guilty to the charge.
