Nenadi Usman, a
former junior minister of finance, has been declined her request made to
a federal court in Lagos, seeking a grant for her to travel abroad to
tend to her breast cancer.
This is not the first time a former minister charged with fraud, is seeking permit to leave the country for medical treatment.
The first was Diezani Alison-Madueke, former minister of petroleum. She is now in London recuperating.
Mrs
Usman’s lawyer, Abiodun Owonikoko, had told Justice Muslim Hassan to
release the defendant’s travel documents to enable her go for medical
check-up.
The defendant is facing a
17-count charge bordering on conspiracy, stealing, and fraud alongside
Femi Fani-Kayode, a former aviation minister; Danjuma Mohammed; and
Jointrust Dimensions Nigeria Limited amounting to over N38 billion.
They have all denied any role in the alleged fraud.
Mrs. Usman is facing a 17-count
charge bordering on conspiracy, stealing, and money laundering alongside
Femi Fani-Kayode, a former aviation minister; Danjuma Mohammed; and
Jointrust Dimensions Nigeria Limited amounting to over N38 billion.
The accused pleaded not guilty to all the charges.
Amidst
a charged atmosphere on Wednesday, Mr Owonikoko reminded the judge he
had, at the last hearing date (December 2, 2016), filed an application
seeking to retrieve his client’s international passport to enable her
keep her medical appointment abroad.
The defence lawyer urged the court that the application be heard first.
But
Rotimi Oyedepo, counsel to the Economic and Financial Crimes Commission
(EFCC), noted that the defence team had already filed an application
challenging the jurisdiction of the court.
“I am thinking that on the face of the motion, it has lapses,” Mr. Oyedepo said of the defence lawyer’s request.
“The issue first should be
that the court handles the application challenging the jurisdiction of
the court which is more urgent, except if my learned colleague wants to
strike out that application and then we can handle this issue.
“I think it’s tidy, logical and legal to determine the propriety of our appearance before our Lordship before any other matter.”
Owonikoko
responded that the motion for medical leave was filed first before the
application challenging the court’s jurisdiction.
“The
defendant has already missed her previous appointment in hospital and
this is very serious because she has breast cancer which is threatening
her life and we only ask that there be an unconditional release of her
passport.
“There was no
application opposing this motion, we have brought her medical reports
and it was not opposed. Even the president of the country sought for ten
days medical leave but we all know where we are now.”
Mr Oyedepo objected to the defence lawyer’s claims saying that it was not in his position to give evidence.
“With all due respect to the counsel, the jurisdiction of the judge is being challenged and I think that it’s urgent.”
But a visibly angry Mr. Owonikoko replied, “Why do we talk like this? If this defendant is bed-ridden, will this case go on?”
Justice Muslim Hassan asked Mr. Owonikoko, “If my jurisdiction is being challenged, shall I go ahead and hear any other case without first determining my jurisdiction?”
Responding, Owonikoko said,
“It is not going to be palatable for a lady with breast cancer to be
flying down from Abuja to Lagos, lodge in a hotel for a case that
happened in Abuja.”
Mr. Oyedepo
noted that the court sat during vacation and that there was no affidavit
of urgency filed alongside the defence’s application.
“During
your Lordship’s leave, this was not sought and obtained during the
vacation bearing in mind that the defendant was supposed to fly on 20th
December,” Oyedepo said.
“So
the question to be asked is when does the application suddenly become
urgent? The time for the defendant to fly has elapsed which was supposed
to take place 20th December, 2016, and 20 January, 2017.
“When
there are two issues before the court with one challenging the
jurisdiction of the court and another on health issue, I only ask, which
one should the court take first? Is it not lawful that the court
handles the one challenging its jurisdiction.”
In
his ruling, the judge held that he could not attend to the application
seeking for medical leave while there is another application challenging
his jurisdiction by the same applicant.
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