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By Ramatu Garba
A Federal High Court sitting in Kano on Wednesday, fixed July 13, to rule in an application filed by a business mogul, Abdulsalam Abdulkarim-Zaura, for stay of proceeding over alleged $1.3 million dollars fraud.
NAN reports that the Economic and Financial Crimes Commission (EFCC) filed a four-count charge of criminal conspiracy and obtaining money by false pretence to the tune of 1.3 million dollars against the defendant.
At the resumed sitting, the defense counsel, Mr Isiyaka Dikko, filed a motion on notice dated April 12 and file April 17, for stay of proceeding pending the hearing and determination of an appeal at Supreme Court.
“The motion is supported by a nine paragraph- affidavit and a written address with further and better affidavit of 8 paragraph dated April 27”
Dikko urged the court to grant the application and struck out the amended charges filed by EFCC for lacking in substance.
“My Lord the appeal earlier filed by EFCC at the Court of appeal was based on that the defendant was not present in court when he was discharged and aquitted at a lower court.
“There was no order by the Supreme Court dismissing our appeal”
NAN reports that on June 9, 2020 Abdulkarim-Zaura was discharged and acquitted by a Federal High Court over a nine-count charge of 1.3 million dollars fraud.
NAN reports that the Kano Court of Appeal Division on April 2022, ordered a fresh trial of the case earlier dismissed by a lower court.
Responding, the Prosecution counsel, Mrs Aisha Habib said she filed a counter affidavit dated and filed April 20 and a written address.
“My Lord we are withdrawing our amended charges against the defendant for speedy trial”
Habib urged the court to dismiss the defendant application for stay of proceeding and take their witnesses.
“Section 306 of the Administration of Criminal Justice Law(ACJL) and section 40 of the EFCC act says a stay of proceeding in a criminal matter does not hold”
“My Lord this court has no jurisdiction to act for Supreme Court,no law that says a trial should stay as it is a criminal matter
Justice Muhammad Nasir-Yunusa, struck out the amended charge and adjourned the matter until July 13 for ruling in the stay of proceeding.
The defendant was alleged to have sometimes in Aug.2014, within the Kano Judicial Division of the High Court, with intent to defraud, conspired to obtain the sum of $1.3 million from Dr Jamman Al-Azmi.
The prosecutor said that the offence contravened the provision of section 1(1)(a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, and punishable under Section 1(3) of the same Act.
The defendant, however, pleaded not guilty to the charge levelled against him
(NAN)
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