Hearing in a suit filed by the Economic and Financial Crimes Commission (EFCC) against a Director in Process and Industrial Development Limited (P&ID), James Nolan, was, on Tuesday, stalled over inability to serve the first defendant in the case.
The News Agency of Nigeria (NAN) reports that while Lurgi Consult Limited is the first defendant, Nolan is the second defendant in the matter.
Justice Ahmed Mohammed of a Federal High Court (FHC), Abuja, had, on Oct. 28, 2021, fixed today (Jan. 25) for continuation of the matter, following the absence of Nolan in court.
At the resumed proceeding, lawyer to the EFCC, Bala Sanga, informed that the matter was slated for cross examination of the first prosecution witness (PW1) and that the witness was in courtroom.
However, a question as to whether the first defendant in the matter had been served with the court processes was raised by the judge.
Responding, Sanga said that Nolan (second defendant) accepted the service on behalf of the second defendant at Kuje Correctional Centre where he (Nolan) was remanded.
But counsel to Nolan, Paul Erokoro, SAN, disagreed with Sanga.
He said his client could not have signed to accept service of processes on behalf of first defendant.
Sanga, on his part, insisted Nolan did.
Justice Mohammed then directed the anti-corruption lawyer to produce the proof of service in his care but Sanga could not see it in his file.
The judge also went through the court file to see if a proof was filed but to no avail. Justice Mohammed then held that as long as the first defendant (Lurgi Consult Limited) was a party in the criminal suit, “proceeding will not proceed in the matter until the first defendant is served.”
He adjourned the matter until March 22 for mention.
NAN reports that in the last adjourned date, the court had issued a warrant for the arrest of an Irish, Neil Murray, over his involvement in the alleged P&ID scandal.
Mohammed gave the order, following an ex-parte motion moved by Sanga.
Sanga had told the court that the ex-parte motion, marked: FHC/ABJ/CR/143/2020 dated Aug. 20 and filed Aug. 25, was brought pursuant to Sections 3, 35, 36 and 37 of the Administration of Criminal Justice Act (ACJA), 2015, and under the inherent power of the court.
NAN also reports that Murray, an employee of P&ID, is also a director of Lurgi Consult Ltd., an associate company of P&ID.
The lawyer said the respondent (Murray), who is at large, is named in counts one to eight of the criminal charge number: FHC/ABJ/CR/143/2020 before the court in which a Director in P&ID, James Nolan, is currently standing trial.
Sanga, therefore, prayed the court for an order of warrant for the arrest of Murray for him to be brought before the court and face trial on the aforementioned criminal charge.
He gave three grounds upon which the application was brought.
“That this Honourable Court has the statutory powers under provisions of Section 3, 35, 36 and 37 of the Administration of Criminal Justice Act, 2015 to grant the prayers being sought.
“That the respondent is named in count numbers 1-8 of the criminal Charge No: FHC/ABJ/CR/143/2020 and indicated to be at large.
“That the proof of evidence in support of Charge No: FHC/ABJ/CR/143/2020 discloses prima facie evidence against the respondent among others,” he said.
The EFCC lawyer also prayed the court to issue an arrest warrant against Nolan, following his absence in court.
But the judge declined to grant the request in view of the fact that there was no proof that hearing notice for the day’s proceeding was served on Nolan.
Mohammed, who granted the prayer for issuance of arrest warrant on Murray, had adjourned the matter until today (Jan. 25) for trial continuation.
NAN reports that Mr Nolan, alongside two others, was also, on Oct. 18, re-arraigned in an amended-32 count bordering on money laundering before Justice Donatus Okorowo of FHC.
Although Nolan and two companies; Goidel Resources Limited, a Designated Non-Financial Institution (DNFI), and ICIL Limited were re-arraigned, his co-accused person, Adam Quinn, was at large.
NAN reports that an alleged accomplice in the scandal, a Nigerian, Mrs Grace Taiga, who was a former director of Legal Services, Ministry of Petroleum Resources, is also standing trial before Justice Obiora Egwuatu of the same court.
(NAN)
