Justice Obiora Egwuatu of a Federal High Court, Abuja, on Wednesday, said that he did not sign the arrest warrant leading to the Jan. 26 re-arrest of Prof. Dibu Ojerinde, former Registrar, Joint Admissions and Matriculation Board (JAMB).
Justice Egwuatu stated this following counsel to Ojerinde, Eteya Ogana’s argument that the claim by the Independent Corrupt Practices and other related offences Commission (ICPC) that an arrest warrant was obtained for his client’s re-arrest was untrue.
The judge, who said he was unaware of his re-arrest, said: “I don’t know why he was re-arrested. I am just hearing for the first time. If you said there is warrant, I didn’t sign any warrant.”
The News Agency of Nigeria (NAN) reports that the ICPC had, on Jan 26, re-arrested ex-JAMB registrar who is facing trial on an 18-count charge bordering on diversion of public funds to the tune of N5 billion.
The operatives of the anti-corruption commission made the arrest within the court premises shortly after the hearing.
NAN, however, gathered that the re-arrest cannot be unconnected to the fresh facts emerging from his ongoing trial and made by the 4th prosecution witness, Mr JImoh Olabisi, former Deputy Director of Finance of JAMB.
A source from the commission had claimed that a warrant of arrest for Ojerinde’s re-arrest was obtained from the FHC Chief Judge, Justice John Tsoho.
At the resumed hearing on Wednesday, counsel to ICPC, Ebenezer Shogunle, informed that though the matter was adjourned for continuation of hearing and two prosecution witnesses were in court, he would be seeking an adjournment in agreement with the defence counsel.
Shogunle notified the court that Ojerinde was re-arrested on suspicion that he might have committed some other offences not unconnected with the present charges before the court.
He said for this reason, the commission “obtained a warrant of this honourable court dated 6th of Dec, 2022.”
Although Shogunle did not mention the judge from whom the warrant was obtained, he, however, said that the fresh investigation exercise was about 90 per cent complete. He said Ojerinde’s lawyer had been cooperative with the investigation process.
“We have accordingly agreed to approach your lordship for an adjournment of this matter to a date on 14, 15, 16 of March after the election,” he said.
But Ogana, who appeared for ex-JAMB boss, disagreed with Shogunle on his client’s re-arrest.
He said on the last adjourned date after the proceeding, the operatives of ICPC intercepted them and took Ojerinde away under the guise that they were inviting him for an explanation.
The lawyer said his client had been in the commission’s custody since the re-arrest.
“This morning, he came from their custody,” he said.
Ogana said despite that Ojerinde did not breach the bail terms, they were not served with the warrant before he was re-arrested.
“My friend made mention of warrant of this honourable court. We are not in the know sir.
“We don’t have such order and the defendant has been enjoying bail graciously granted by this honourable court as well as the one granted in proceeding in Minna,” he said.
The lawyer argued that if there were uncovered evidence against his client, ICPC was at liberty to file additional proof of evidence and not to re-arrest him.
“There is no evidence before this court or any court to show that the defendant violated the terms of bail granted to him. We therefore submit that the defendant be allowed to continue with the bail,” he said.
Ogana also said that they were unaware of move to engage in plea bargain contrary to Shogunle’s submission.
The judge then asked Shogunle, “You said this court granted your application for arrest warrant? And I didn’t sign any. Which court?”
“I will not join issue with him for his principal is not here my lord,” Shogunle responded.
The ICPC lawyer said if Ogana said he was unaware of any warrant, “that is simply a matter between himself and the defendant.”
He said the warrant was served on Ojerinde “and the defendant was required to have a solicitor of his choice present.”
He said Ojerinde, in exercising his right, chose I.L.S Law Firm where two lawyers; Mr B.A. Oyefeso and Mr Adebisi, had been visiting him in custody.
“Oyefeso specifically told us he is acting on behalf of the learned silk,” he added.
Shogunle, therefore, hinted that he had an application, seeking the court’s reconsideration of the bail granted to Ojerinde.
He said though he filed it early in the morning, he planned to serve the defence with a copy.
He, however, made an oral application pursuant to Section 169 and 175 of Administration of Criminal Justice Act (ACJA) for the reconsideration of Ojerinde’s bail.
But Justice Egwuatu declined to grant it.
Egwuatu, who said the application was not in the court record, said: “I can’t do that orally.”
Ogana, who insisted that the right of Ojerinde was being breached, said Shogunle was yet to tell the court who signed the warrant.
He argued that the commission only filed another application in order to correct what they had wrongly done. The judge then told Ogana that if he said the right of Ojerinde had been breached, he should know what to do.
He adjourned the matter until March 20 for trial continuation.
NAN reports that the ICPC had, on July 8, 2021, arraigned the former JAMB registrar on an 18-count charge
He was said to have committed the offence during his tenure as registrar of the National Examinations Council (NECO) and JAMB.
Ojerinde, however, pleaded not guilty to all the charges and was later admitted to bail in the sum of N200 million.
By NAN
