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Justice Obiora Egwuatu gave the order after the defence lawyers in the money laundering trial of Ali Bello and his co-defendants accused the EFCC of publishing untrue accounts of what transpired in court on Tuesday on its website against their clients.
Abubakar Aliyu, SAN, and Nureini Jimoh, SAN, who appeared for the defendants in the alleged ₦3 billion fraud, had informed Justice Egwuatu about the development shortly after the matter was called.
They complained that a report on the proceedings of Tuesday posted on the website of the anti-graft agency and on social media contradicted what transpired in court and that this was not the first time such would happen.
The lawyers alleged that the witness, who was cross-examined, said that he never said that the money used in the payment of the school fees of the children of the former governor, Alhaji Yahaya Bello, came from Kogi State Government but that what the EFCC reported in the media was different.
The EFCC had filed an alleged money laundering charge against Bello, Abba Adaudu, Yakubu Siyaka Adabenege and Iyadi Sadat as 1st to 4th defendants, respectively.
Although they were arraigned before Justice Egwuatu, they all pleaded not guilty to the charge. Upon resumed hearing on Wednesday, Jimoh, who appeared for 2nd, 3rd and 4th defendants, had informed the court that though the matter was slated for continuation of hearing, however, he had a preliminary application to make.
He said his application hinged on the publication by the prosecution. The senior lawyer alleged that there had been incessant and unfair publications by the EFCC against the defendants, which might negatively affect public confidence in the administration of justice.
“We have kept quiet severally when these publications were coming from the EFCC so as to allow the trial to proceed,” he said.
Jimoh said the “misleading publications” were meant to incite the public against the decision of the court in the trial.
“After proceedings yesterday (Tuesday), in the evening, we saw a disturbing publication on the EFCC website, saying that PW-3 (the 3rd prosecution witness) affirmed before Justice Obiora Agwuatu of the Federal High Court in Abuja that funds were brought to him (witness) by the agents of the state government to pay the school fees of Alhaji Yahaya Bello’s children,” he added.
The lawyer said that such publications, which were contrary to what actually transpired in court, could grossly affect the proceedings of the court and public confidence in the justice system.
“I want to draw the attention of your lordship to Rule 39 of the Rules of Professional Conduct that forbids such advertisement or publication.
“My application therefore is that if this honourable court finds that this publication is contrary to proceedings in court yesterday, that the court directs that the publication should be brought down immediately on the website and that the EFCC should publish a rejoinder immediately.
“My number three application is that the EFCC should stop forthwith from making such publications,” he prayed.
Jimoh also urged the court to suspend proceedings pending when the EFCC complied with the directives. He said this was to ensure the sanctity of the administration of justice in obedience to the statutory laws. He then gave a copy of the printout of the publication from the commission’s website to the EFCC’s lawyer, Mohammed, in open court.
Corroborating Jimoh’s submission, Aliyu, who represented Bello (1st defendant) in court, drew the attention of the court to a ruling of the Supreme Court in Atiku Abubakar Vs. INEC and others. The lawyer said that the apex court cautioned lawyers against engaging in social media reports to divert the attention of the public from what really transpired in court.
According to him, the court says counsel must review their conduct and desist from engaging on social media.
“We are having a situation where what the witness said is contrary in the social media.
“This is not the first time this is happening. We made the same complaint before Honourable Justice Omotosho.
“The witness (PW-3) said he never said the money came from Kogi State Government but what they are saying in the media is different,” Aliyu added.
Responding, EFCC’s lawyer said though he had seen the printed publication, he could not verify its source for now.
“Confirm for clarity sake whether it is from your website,” the judge said.
“I will need to confirm from the media team, my lord.
“We are minister in the temple of justice that is why I said I would need to confirm from the media team my lord,” he stated.
Justice Egwuatu, in a short ruling, ordered the prosecution lawyer to confirm the publication in his office and report back on the next adjourned date. Meanwhile, the trial continued with Aliyu’s cross-examination of PW-3, Jamilu Abdullahi, a Bureau de Change operator.
When Aliyu asked the witness if Mohammed Idris was the person who brought the 300,000 dollars to him, the witness said he could not remember who brought the money.
Again, when the lawyer asked the PW-3 if he would be surprised that the ₦2.1 billion paid into the 2nd defendant’s account on December 14, 2021, from which the school fees were paid, was a loan from Access Bank, the witness said he did not know the source of the money.
The Judge thereafter adjourned the matter until November 28 for continuation of the hearing. It would be recalled that on Tuesday, the PW-3 was cross-examined by Aliyu in the ongoing trial.
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