Thursday 14 July 2022

FINALLY, PLATEAU STATE HIGH COURT, ADJOURNS, FG vs SEN. JONAH JANG & YUSUF PAM’S CASE FOR JUDGMENT

By: Valentine Adese (JP),

The Plateau State High Court presided over by Hon. Justice C. Dabup has finally adjourned the case between the Federal Government of Nigeria (FGN) against the former governor of Plateau State, Sen. Jonah Jang and one Yusuf Pam, who was a Cashier at the office of the Secretary to the State Government (SSG) for Judgment.

However, the Judgment would be fixed on a date to be communicated to parties.

The Judge, Hon. Justice Dabup, adjourned the matter for Judgment, after Counsels in the matter had adopted and adumbrated on issues raised in their Final Written Addresses, and have given their consents for the Judgment to be delivered anytime within the coming vacation period.

While, Rotimi Jacobs (SAN), adopted the final written address for the Economic and Financial Crimes Commission (EFCC), Chief Mike Ozekhome (SAN), appearing for the 1st Defendant (Sen. Jonah Jang) adopted his written address, and S. Oyawole (Esq), adopted the written address for the 2nd Defendant, (Mr. Yusuf Pam), owing to an application by, S. G. Odey (Esq), (the lead Counsel to the 2nd Defendant), who sought the leave of Court for Oyawole to do so.

However, the Motion filed by the EFCC, seeking the leave of Court to appeal the Court’s ruling of 11th May, 2022, on the Trial-within-Trial in the same matter was not heard, as the Defense Lawyers, strongly opposed the application. This created tension and disorderliness in the Court room, forcing the presiding Judge, Hon. C. Dabup, to rise for some minutes, to allow the tension subside.

According to, S. G. Odey, the Motion was not listed as part of the day’s business and that, his client (2nd Defendant) would also need to exercise his right of reply before the Motion can be ripe for hearing.

Odey (Esq), also emphasized that, it was important for the Defendant to reply as the issues raised in the Motion centers on the Key witness of the EFCC whom they demolished during cross-examination.

He said, “We were served with the two (2) applications, but the Motion does not carry a date. What we know is that, the business of today is for the adoption of written address and the Motion seeking the leave of Court to appeal the ruling is not listed.

“We urge the Court to look at the business of today, as we need to respond tomorrow if need be.

“This is because the said ruling is in our favour and we are not going to take it lightly!

“On our part, we are ready for the adoption of the written address as listed”.

It should be of note that, the EFCC through Rotimi (SAN), filed two applications. One is a written address and the other a Motion, dated 8th July, 2022, but filed on 9th July, 2022, for leave of Court to appeal against the Court’s ruling of 11th May, 2022.

In their individual adumbrations, Chief Mike Ozekhome (SAN) urged the Court to discharge his client, Sen. Jang and Honour him with a great title of the land.

He said, “This was a governor, who took loan to buy a house for himself, and continued to pay the loan even when he became a Senator of the Federal Republic of Nigeria (FRN). While others, are busy stealing in billions.

Adding that, “None of the EFCC’s witnesses said the money they are looking for, were ever found with him, his family and aides”.

Chief Mike (SAN) told the Court that, the EFCC did not follow the Order and specification of the Court in filing their written address.

According to Chief Mike (SAN), the Court had ordered that, parties must not file more than 20 pages of written address, but that the EFCC has filed over 151 pages and when added to their reply of 37 pages, it would total 188 pages.

He said, “The learned Counsel should have sought for leave of Court. But, I am not surprised because, the entire address is more of repetitions, verbosity, and prolixity, all tailored towards pulling wool, over the eyes of the Judge. We cannot be fooled!

“The address of Counsel, no matter how long, cannot take the place of evidence.”

On his part, Oyawole (Esq) told the Court that the 2nd Defendant filed his written address on 29th June, 2022, without exceeding 23 pages, while urging the Court to discharge and acquit the 2nd Defendant (Mr. Pam).

However, he urged the Court to take judicial notice of all the evidence elicited from all the EFCC’s witness, especially PW5, who is the star witness of the EFCC, Mr. Habila Dung, who had stated that, the 2nd Defendant was not a signatory to the accounts where moneys were drawn, especially since all the drawings were never queried, as all the money drawn were brought complete.

In reply, Rotimi Jacobs (SAN), the prosecuting Counsel of the EFCC, urged the Court to look more into the processes of the Moneys that were transferred and find that, the defense never answered the questions of the case before the Court.

He said, “At the end, the prosecution will laugh!”

Rotimi told the Court that, no order was made by the Court concerning number of pages for the written address, as the Court Certified True Copy (CTC) of the proceedings does not indicate so.

 

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