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| Adeyinka Olumide-Fusika, SAN |
•As lawyer refutes allegation
The Lagos State Special Offences Court, Ikeja, presided over by Justice Mojisola Dada on Tuesday insisted that a Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika is rude, lousy and disrespecting the court.
The judge made the pronouncement while declining to grant an application made by the Lagos State Attorney General and Commissioner of Justice, Lawal Pedro, SAN, to completely halt the trial of Azubuike Ishekwene and Olalekan Abdul, being prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged fraud to the tune of N1.35b fraud.
The trial judge had discharged the duo of the 20 counts filed against them by the state, but ordered the continuation of their trial on five related counts simultaneously filed against them by the EFCC.
However, a mild drama took place while the proceeding lasted, prompting Justice Dada to accuse counsel for the defence of being rude, lousy and disrespecting the court, a development the lawyer refuted.
The drama went thus:
Adeyinka Olumide-Fusika: At least it will be on record that I made the application.
Justice Mojisola Dada: I'll consider it in the final judgement.
Adeyinka Olumide-Fusika: No I'm making the application now.
Justice Mojisola Dada: Ehn let it be there.
Adeyinka Olumide-Fusika: I'm making the application now. Now! My lord.
Justice Mojisola Dada: Please don't shout. No shouting.
Adeyinka Olumide-Fusika: I'm not shouting. I'm making the application now.
Justice Mojisola Dada: And watch your language please.
Adeyinka Olumide-Fusika: I'm making the application now. I'm making the application now. The prosecutor made an application when your lordship read the ruling.
Justice Mojisola Dada: What application did he make?
Adeyinka Olumide-Fusika: He made an application. He pointed your lordship's attention to the fact that your lordship made an order discharging and asking the second defendant to go.
Justice Mojisola Dada: Discharging them.
Olumide-Fusika: “Your lordship said so.
Justice Mojisola Dada: On 20 counts.
Adeyinka Olumide-Fusika: I said I'm making my application now. I'm making it now. Your lordship can decide…
Justice Mojisola Dada: Judge: Mr Olumide-Fusika.
Adeyinka Olumide-Fusika: “Yes, my lord.
Justice Mojisola Dada: Watch your language, please.
Adeyinka Olumide-Fusika: What language am I watching?
Justice Mojisola Dada: I do not appreciate your language.
Adeyinka Olumide-Fusika: What language am I watching? I'm not watching any language. I'm only making an application as a lawyer.
Justice Mojisola Dada: “As a lawyer, but you don't need to be a lousy lawyer. You don't need to be lousy.
Adeyinka Olumide-Fusika: Lousy, how?
Justice Mojisola Dada: You're being rude to the court.
Adeyinka Olumide-Fusika: How my lord? That I am making an application under the rules?
An anonymous member of the Bar to Adeyinka Olumide-Fusika: “You're shouting.”
Adeyinka Olumide-Fusika: How am I shouting? I am making an application under the rules of this court.
Justice Mojisola Dada: And I've said I've heard you and my ruling remains what it is.
Adeyinka Olumide-Fusika: I am making an application before this court. It is my duty to make an application.
Justice Mojisola Dada: If you're not ready…
Adeyinka Olumide-Fusika: “It is my duty to make an application.
Justice Mojisola Dada: I'll give you another date, so you can come and do your shouting game.
Adeyinka Olumide-Fusika: I'm not shouting. I'm making an application and I would want it to be taken down that your lordship should acquit... your lordship didn't hear the application.
Justice Mojisola Dada: I heard it.
Adeyinka Olumide-Fusika: Okay, on what counts am I asking?
Justice Mojisola Dada: On the 20 counts obviously.
Adeyinka Olumide-Fusika: There are no 20 counts.
Justice Mojisola Dada: The 20 counts listed earlier on.
Adeyinka Olumide-Fusika: There are no 20 counts. My application is for the acquittal, which can be refused, but I have the right to make the application and I don't see what is rude in that.
Justice Mojisola Dada: I'm relying on my ruling. I have refused you.
Adeyinka Olumide-Fusika: Your lordship cannot rely on the ruling when it is me making the application, but not rely on it when it is the prosecution making the application. Your lordship changed a lot of things in that ruling when it was pointed out to your lordship that your lordship had made an error. And I am telling your lordship that your lordship has made an error.
Justice Mojisola Dada: What did I change? I have told you to watch your language. What did I change?
Adeyinka Olumide-Fusika: It is on the record.
Justice Mojisola Dada: I said they were discharged on the 20 counts.
Adeyinka Olumide-Fusika: No, I even pointed out my lord, I joined the prosecutor in pointing out, that in actual fact, your lordship told him to go. Your lordship told him to go. But that's not the issue. My application today is… I have been calm. My lord, I have been very calm, but I am also not the kind of lawyer that can be intimidated. Yes, I will say so.
Justice Mojisola Dada: Who is trying to intimidate you?
Adeyinka Olumide-Fusika: That is what your lordship is trying to do. That is what your lordship is trying to do. Your lordship cannot tell me not to make an application. And then tell me I'm rude because I said I want to make an application. What else have I said? Did I insult your lordship? Did I call your lordship names? No.
Justice Mojisola Dada: You did.
Adeyinka Olumide-Fusika: There are people in court. We have people in court. I only said I made an application and your lordship is telling me I cannot make an application. What is my role as a lawyer if I cannot make an application?
Justice Mojisola Dada: I have recorded you and I said I will rely on my ruling.
As a result, the matter was adjourned until October 31, 2024, for the continuation of the trial.
The AG had initiated an application for discontinuance after an earlier move to take over its prosecution failed.
Justice Dada had also ruled that the defendants had a case to answer and that the prosecutor could prosecute the defendants.
The EFCC initiated the charge in December 2019, with Ishekwene and Abdul as co-defendants in a 26-counts bordering on conspiracy, forgery, and stealing, and were arraigned on January 29, 2020.
The commission had alleged that the duo conspired with Adeyinka Adewole and Morakinyo Bolanle (now at large) to obtain N350 million, and N1 billion from a financial institution under false pretence.
Ishiekwene, and Abdul, former Managing Director (MD) of Cleanserve, pleaded not guilty and were granted bail.
The case resumed on Tuesday for the ruling on the Notice of Preliminary Objection filed by the prosecution concerning the Notice of Discontinuance filed by the AG.
It relied on Section 211 of the constitution for discontinuing both state and federal offences before the court.
In his argument before Justice Dada, counsel for the second defendant, A. Abdulrasaq stated that his principal, Dr Muiz Banire, SAN, was ill and on his way.
In her ruling, Justice Dada discharged the 1st and 2nd defendants on all 20 out of the 26 counts brought against them under the laws of Lagos State, relying on Sections 211 of the 1999 constitution.
However, the trial judge ruled that the defendants should continue their defence in the remaining six-count charge brought against them under the Advance Fee Fraud Act and EFCC Act.
But counsel for the 1st defendant, Adeyinka Olumide-Fusika, SAN, asked that the case be stood down for 30 minutes.
Afterwards, he attempted to make an oral application for his client to be acquitted, but the judge declined.
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