Bid to transfer case: Kalu’s lawyer petitions FCT CJ

By Willy Eya

Senior Advocate of Nigeria and solicitor to Slok Nigeria Limited, Chief Solo U. Akuma has kicked against an alleged move by the Economic and Financial Crimes Commission (EFCC) to transfer its client’s case from Abuja to Lagos.
The objection was contained in a letter addressed to the Chief Judge of the Federal High Court, Abuja, Justice Ibrahim Auta.
Udeh Jones Udeogu and Slok were listed as second and third defendants in the case.
They said transferring the case to Lagos would subject their clients to hardship.
“The EFCC application for transfer was not made in good faith. The said application will neither promote the end of justice nor be in the interest of public peace as required by section 98 of the Administration of Criminal Justice Act, 2015.
“We respectfully urge your lordship to be guided by the law and not to act on the behest of the EFCC on this matter in order not to scandalise the judiciary.
Akuma said it was unacceptable that the EFCC would choose to engage in in “forum shopping. Forum shopping occurs when a party attempts to have his action tried in a particular court or jurisdiction where he feels he will receive the most favourable judgement or verdict.”
Meanwhile, more knocks have continued to trail an alleged plot by the Economic and Financial Crimes Commission (EFCC) to transfer the case of former governor of Abia State, Dr. Orji Uzor Kalu from Abuja judicial division to Lagos.
Barely 24 hours after some prominent lawyers, including Mike Ozekhome (SAN) and Mike Ahamba (SAN) faulted the move, describing it as ‘forum shopping’ and an abuse of court process, another Senior Advocate of Nigeria (SAN), Chief Niyi Akintola said for trying to engage in trial by ‘forum shopping’, it means  the EFCC has a particular judge in mind to hear the case.
“This should not be encouraged because it is against the principle of fair hearing and denial of justice because of ulterior motive.
Corroborating his colleagues, Alhaji Mahmud Magaji (SAN) said “the practice of forum shopping has been widely condemned by the courts, including the Court of Appeal which described it as an abuse of court process.”
Human rights activist, Barr. Dele Igbinedion described the idea of moving criminal trial from one judicial division to other without following due process as a persecution.
“The idea is called ‘Forum Shopping’ in law; it is attempt to convict a defendant at all costs,” he said.
Igbinedion said the power to move a case from one judicial division to other lies in the hands of the Chief Judge (CJ).
“The prosecution cannot decide alone to move a case without applying to CJ for that, and the application must be reasonable in the eyes of law.
“Besides, a major determinant factor in choosing a geographical jurisdiction for trial of a case, is where the crime was committed.
“Every crime committed has a geographical jurisdiction and this is disclosed in a charge against defendant. Any charge drafted  without considering where the offence was committed will amount to nullity in court,” he said.
Speaking further, Igbinedion said if a court of competent jurisdiction had already fixed a trial date in Abuja and the defendant did not raised any objection concerning the jurisdiction of the court, what reason will prosecution give for moving the case to Lagos?
“For a case to move from one judicial division to other, there must be a reason for it, and the reason must not only be known to the prosecution, but to the defendant as well; and only the CJ  has the final say on it,” he said.
The rights activist said anything contrary amounts to ‘Forum Shopping’, “an attempt to convict a defendant at all costs, by choosing the judge, ways and manner the trial will follow.”
Also, the president of foremost human rights organisation in the country, the Committee for the Defence of Human Rights (CDHR), Barr. Malachy Ugwummadu described the idea of moving criminal trial from one judicial division to other by the prosecution without reason as a bad practice.
Ugwummadu said it was nothing but abuse of court process, which was not good for the development of criminal law.
He said moving an ongoing trial from one judicial division to other without reasonable excuse was an act of persecution.
“There is what we call procedure in law; in taking any action in law, most especially criminal trial, procedure must be strictly followed. Being a prosecutor does not give you the right to violate the defendant’s right.
“If a case has to be moved from one judicial division to other, there is a procedure to be followed by the prosecution. Prosecution cannot unilaterally decide on its own to move a case without seeking the consent of defendants and the court,” he said.
The human rights activist cited the case of former governor of Delta State against the Federal Republic of Nigeria to back his point.
He said where an offence was committed is a determinant factor in choosing where a defendant faces his or her trial.
“The jurisdiction of a court cannot be ignored in criminal trial.
“The Supreme Court was very clear on this in ruling in the case of FRN v James Ibori. The court ruled that  Ibori could not be tried in Kaduna Division for an offence committed in Delta State, it stated that the alleged offence was committed in Asaba, Delta State, therefore, the trial must be conducted in Asaba based on jurisdiction.”