Justice Sylvanus Orji of the Federal High Court, Abuja, on Tuesday, adjourned till November 11 hearing of a motion filed by a former Taraba State Governor, Darius Ishaku, challenging the court’s jurisdiction to hear the alleged N27 billion fraud charges preferred against him by the Economic and Financial Crimes Commission (EFCC).
The commission arraigned Ishaku and a former Permanent Secretary in the Ministry of Local Government and Chieftaincy Affairs, Bello Yero, on a 15-count charge of fraud and other crimes.
The judge adjourned the matter after counsel to the defendants told the court that they had filed preliminary objections before the court.
In his presentation, the EFCC counsel, Rotimi Jacobs (SAN), told the court that the matter was slated for trial.
He, however, told the court that he was served with preliminary objections by counsel for the defendants.
Jacob said: “The defence counsel knew very well that the case was slated for today as agreed by all the parties on October 3.
“They filed these motions on the day of the trial thereby scuttling the matter.
“I seek the court’s direction. If I am allowed, I will address the court in 30 minutes but if it is adjournment, I will abide by the court‘s direction.”
On his part, the ex-governor’s counsel, P.H Ogbole, said he served the motion on the prosecution on Monday.
He said: “We were aware of today’s date but in the cause of our research, we filed the motion which borders on jurisdiction.
“I am not sure that the matter will likely go on today because we will also want him to reply.”
Similarly, the counsel for the second defendant, Adeola Adedipe (SAN), said his motion was served on November 1.
“There is no intention to scuttle the trial
“The prosecution cannot reply orally like that except in some special circumstances which this is not one,” he added.