N2bn Sleaze: Maina Gets Nov 8, Judgment Date

 A Federal High Court sitting in Abuja, presided over by Justice Okon Abang, on Friday, fixed November 8, for judgment on the trial of former Chairman of the Pension Reform Task Team (PRTT), Abdulrasheed Maina.

Justice Abang slated the date, “subject to availability of judicial time”, after the prosecution counsel adopted his final written address, wherein he urged the court to convict Maina in all the count charges levelled against him by the Federal Government.

Earlier, the court had overruled an oral application by Maina’s lawyer for an adjournment to enable him file a written address out of time.

In a bench ruling, the court recalled that on July 16, it ordered parties to file and serve final written addresses before the matter was then adjourned to October 4, for adoption of final addresses.

Justice Abang said the order of July 16, remained binding on parties since it was not appealed and there was “nothing to show before the court that the defendant was aggrieved with the order”.

Abang held that the defendant had “vehemently disobeyed a court order” and instead of the defendants to take advantage to be heard by filing written addresses, they decided to file an application for bail during vacation.

“During the vacation period, the defendants filed an application on August 6, and I think they are persons that have denied themselves opportunity to be heard and not the court.

“Defendants cannot dictate to the court when to file written addresses and no application for enlargement of time within which to file written address was made.

“By not filing the final address, the defence cannot adopt legal strategy to enlarge the time of the court by seeking an adjournment.

“Defendants took an independent decision and made a choice not to file written addresses within time, and not doing so, is a decision the court cannot question.

Consequently, the application for adjournment to enable the defendants file their written addresses was dismissed.

Having overruled the defence counsel, Justice Abang invited the prosecution counsel to adopt his written address, which he did.

The prosecution in adopting his written address urged the court to convict Maina on all the 12-counts charge preffered against him by the EFCC.

Earlier, Justice Abang had refused to grant the request of the former Chairman of the Pension Reform Task Team (PRTT), to reopen his defence.

Maina, had in a motion on notice dated August 6, 2021, and brought pursuant to section 36(4) and 6 of the 1999 Constitution, as amended, applied to the court for review of it’s decision on July 16, 2021, to foreclose his defence.

However, Farouk Abdullahi, the prosecution counsel opposed and urged court to dismiss the application for being an abuse of court process and a ploy to delay proceeding.

In a ruling on Friday, Justice Abang held that “The application of the 1st and 2nd defendant lacks merit, a reckless abuse of judicial process and thereby dismissed” accordingly.

The court stated that from it’s findings and record, the prosecution and defence counsel joined issues and where heard on the merit before a bench ruling on July 16, wherein the case of the defendant was closed. 

Justice Abang held that the decision to close the case of the defendant was taken in the presence of all counsel after hearing them on the merit, insisting that the argument of Maina’s counsel, A. Abel that he was not served with hearing notice was “untrue and untanable” adding that the lawyer lied on oath.

Justice Abang noted that Maina did not appeal the order for his trial to be held in abstentia, stressing that,

“the law is settled, where there is no appeal, finding of the court subsists, and there cannot be an appeal except with leave of court, the judge said.

The court said Maina would not appeal because his counsel on record did not even oppose the application to continue his trial in abstentia.

More so, in dismissing Maina’s application, the court said Maina’s lawyer failed to secure leave of court to appeal the decision of the court on July 16, adding that, a decision of court not appealed, “still subsists”.

“The decision of July 16, which closes the defendant’s defence was not appealed, and the defendant cannot come by way of interlocutory application to seek review of a decision not appealed.

Abang insisted that the court cannot sit on appeal over its ruling.

“The court as presently constituted is functus officio to entertain the application to review it’s decision.

“The defendant was offered the opportunity to be heard, he chose not to. They have themselves to blame” Justice Abang ruled.

The court took time to state all the days Maina absented from court as a result of jumping bail on September 20, which made the court to issue bench warrant against him and ordered his trial to continue in abstentia.

According to the court, upon the prayer of the prosecution, the court revoked Maina’s bail and consequently ordered trial in abstentia.

He fled the country but was later rearrested in Niger Republic by security operatives and was returned to Nigeria to continue his trial.

Maina was arraigned by the Economic and Financial Crimes Commission on a 12-count charge on 25th October 2019, for allegedly stealing of pension funds, and money laundering allegation.

More so, the prosecution alleged that Maina committed criminal offences punishable under sections 11(2) (a), 15(3), and 16(2) (c) of the Money Laundering Prohibition Act, and also acted in breach of the Advance Fee Fraud Act.

It was also alleged that Maina abused his position as Chairman of the Pension Reform Task Team by awarding fictitious contracts for purported biometric enrollment of pensioners, an offense that is punishable under Section 317(read in conjunction with section 316) of the Penal Code Act, Cap532, vol. 4, Laws of the Federal Capital Territory of Nigeria, 2007.