Alleged N2.1bn fraud: Court rejects application for withdrawal by Maina’s counsel

Justice Okon Abang of a Federal High Court in Abuna, on Wednesday, refused an application by a Senior Advocate of Nigeria (SAN), Sani Katu, seeking to withdraw his appearance as the defence lawyer in the ongoing trial of the former Chairman of the defunct Pension Reform Task Team (PRTT), Abdulrasheed Maina.

The Economic and Financial Comes Commission (EFCC) is prosecuting Maina and his firm, Common Input Property, and Investment Limited on a 12-count money laundering charge.

At the resumed trial in the matter, on Wednesday, Katu who has been leading the defence team notified the trial court of his decision to pull out from the matter.

He said: “My lord, the matter is adjourned for continuation of trial and for us to bring another witness today. But, before then, we have an application we are compelled to make.

“The application is to seek for leave of this Court to withdraw from this matter,” he told the court.

The Prosecution counsel, Farouk Abdullah, raised an objection to the withdrawal application and urged the court to compel Maina and his defence team to proceed with the business of the day.

Abdullah contended that Maina’s counsel failed to fulfil the statutory condition precedent that would have paved way for him to withdraw from the trial.

He said: “My lord, as rightly stated, this matter is slated today for continuation of defence. While we concede that a defendant has the constitutional right to a counsel of his choice, and a counsel in the matter can also withdraw at any time he deems fit.

“However, our only concern is that the senior counsel failed to comply with section 349(8) of the Administration of Criminal Justice Act (ACJA) 2015.

“In view of the non-compliance of senior counsel to the provision of the extant law on withdrawal of counsel, we pray the court to refuse the application and direct that the business of the day be done,” Abdullah added.

Responding, Katu prayed the court for a short adjournment to enable him to file a formal application to withdraw from the trial in accordance with the provision of the law.

“In as much as he has stated the law as it is, which requires that I notify the court in not less than three days before the date fixed for hearing.

“We have complied with the section, in that we appeared for the first defendant yesterday, and in an attempt not to spring surprises on the prosecution, I specifically told the prosecution, off record, of our desire to withdraw from this matter. Hence my inability to file a formal application. May I humbly apply for a short adjournment,” Katu added.

In a bench ruling, Justice Abang refused the application for adjournment by the learned silk adding that the matter was adjourned till Wednesday for the first defendant to call his second witness.

The judge agreed with the prosecution that Katu did not follow due process of the law in his application to withdraw from the matter and consequently turned down the application even as he said Katu did not offer any reason for seeking to withdraw from the matter.

“The application is designed to hold the court to ransom and misconceived. The application lacks merit and it is accordingly refused,” the judge held and ordered the defence to call the next witness for the first defendant.

But, Katu informed the court that the second witness, Charles Enakaeno, billed to testify could not make it to come because he had an accident.

The court adjourned the matter till March 11 for the continuation of defence.

Katu is the second SAN to withdraw from Maina’s trial, as the previous defence lawyer in the matter, Chief Joe Gadzama, (SAN), pulled out of the case after his client, Maina, jumped bail and fled the country midway into his trial.

Similarly, counsel that hitherto represented Maina’s firm, Adeola Adedipe, also withdrew his further appearance in the matter.

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Alleged N2.1bn fraud: Court rejects application for withdrawal by Maina’s counsel

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