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Wednesday, June 20, 2012


Lawyer’s Absence Stalls Akingbola Trial  print


The trial of former Managing Director of Bank PHB (now Keystone Bank), Francis Atuche was yesterday stalled as the lead defence counsel, Chief Anthony Idigbe (SAN) was unavoidably absent due to national assignment.
Atuche is standing trial alongside Funmi Ademosun, before Justice Adeniyi Onigbanjo of an Ikeja High Court, over alleged financial impropriety in a suit filed by the Economic and Financial Crimes Commission (EFCC).
When the case came up today, Chief Idigbe, who was represented by N.K. Oragwu, through a letter asked for a short adjournment to enable him attend a national assignment, which was opposed by the prosecution lead counsel, Kemi Pinheiro (SAN).
Pinheiro, in opposing the adjournment argued that since there are other senior advocates in the defence team the absence of Idigbe should not stall the trial.
He said there was no justification in granting the adjournment as he considered the excuse for absence as tendentious and spurous.
Pinheiro said should the court grant the request of the defence by adjourning, a cost of N100,000 should be awarded in favour of the prosecution to cover the expenses incurred for flying the prosecution witness from Abuja to Lagos and having passed the night in a hotel.
Counsel to Ademosun, Chief Robert Clarke, supported the request of Idigbe and urged the court to grant it.
According to Chief Clarke, “Chief Idigbe said he would like to continue with the cross examination himself and I think it is important to grant his request to enable him continue with the line of thought being followed. Breaking that line of thought especially in a criminal matter in a cross examination stage could amount to injustice.”
He concluded that the defendants have rights to choose who conducts their matter.
Justice Onigbanjo in his short ruling on the matter subsequently granted the defence request and adjourned the matter till 9 July , 2012 for continuation of trial.

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