A Federal High Court in Abuja on Friday issued a 7-day ultimatum to a Senior Advocate of Nigeria SAN, Mr Rotimi Jacobs to show cause on why he should not be disqualified from further prosecuting a former Abia State governor, Senator Orji Uzor Kalu, in a N7.2B money laundering charges.
The court ordered the senior lawyer to file motion on notice within 7 days to show cause why he should be allowed to continue to handle the trial of the corruption charges brought against Kalu by the Federal Government.
Justice Inyang Eden Ekwo made the order while delivering ruling in a motion filed by Rotimi Jacobs Chambers seeking transfer of the trial to Lagos State division of the Court.
In the ruling, Justice Ekwo held that the senior lawyer and his team have engaged in gross abuse of court process in the way and manner the prosecution was being handled.
The Judge ordered that the motion on notice would be adopted on October 31 during which the court would determine the fate of the senior lawyer one way or the other.
The Judge dismissed the request to transfer the trial to Lagos on the ground that only the Chief Judge of the Federal High Court, Justice John Tsoho can do so in line with section 98 of the Administration of Criminal Justice Act 2015.
Justice Ekwo held that the prosecution had twice written the Chief Judge (CJ) requesting for the transfer, requests which were declined by the CJ, adding that Jacobs ought to abide by the decision of the court authorities.
In the alternative, Justice Ekwo held that the prosecution was at liberty to go back to the Supreme Court to seek review of the order that remitted the trial to the Federal High Court.
The Judge said that granting the request will lead to a breach of section 235 of the 1999 Constitution and challenging the finality and supremacy of the Supreme Court of Nigeria.
