The absence of two prosecution witnesses on Monday stalled proceedings in the trial of Is’haq Modibo Kawu, director general, National Broadcasting Commission (NBC), and three others before a Federal High Court in Abuja.
They are facing trial over alleged N2.5bn fraud of the seed grant for the digital switch-over project slammed against them by the Independent Corrupt Practices and other related Offences Commission (ICPC)
The three others are Pinnacle Communications Limited, its Chairman, Lucky Omoluwa and the firm’s Chief Operating Officer, Dipo Onifade.
At the resumed trial, the prosecution counsel, Ephraim Otti, told the court that one of the intended witnesses travelled to Dubai while the other one said he could not make it.
When asked for the identity of the witnesses by the trial judge, Justice Folasade Giwa-Ogunbanjo, Otti said the one that travelled to Dubai “is the subpoenaed bureau de change operator, while the other one, who said he could not make it to court today is the Minister of Information.”
Otti then prayed the court for an adjournment to enable him produce the witnesses on the next adjourned date.
Opposing the request, the defence counsel, Abdulhakeem Mustapha (SAN), accused the prosecution of deliberately delaying proceedings.
Mustapha noted that by the court’s schedule on the case, the prosecution was still entitled to one additional adjournment but should be told that the court would close its case if it failed to produce its witnesses on the next date.
Responding, Otti said, “We are not deliberately delaying. It is because of the challenges at hand. The witnesses are not our staff and that is why we are unable to compel them to attend court today.”
Otti, who said the witnesses were his last two, promised to do all within his powers to ensure they attend court on the next date.
Justice Giwa-Ogunbanjo warned the prosecution against further delaying proceedings.
She said, “If you are having challenges in bringing witnesses, you know what to do. If you are serious in bringing the witnesses, you know the options available to you.”