Justice Mohammed Idris assumed jurisdiction in the matter despite the Economic and Financial Crimes Commission’s prayer seeking that the matter be transferred to another judge.
Nwosu had earlier admitted collecting the money in a plea bargain arrangement he had with the anti-graft agency. However, he had to back out following the rejection of the terms of agreement by the judge.
Nwosu was re-arraigned alongside another INEC official, Tijani Bashir, on an amended charge by the EFCC. They however pleaded not guilty to the charge.
Following their re-arraignment, EFCC’s lawyer, Rotimi Oyedepo, urged Justice Idris to transfer the case file to the Chief Judge of the court, Justice Ibrahim Auta, for re-assignment to another judge.
According to him, it was trite that a judge who had heard and rejected a plea bargain agreement of a defendant can no longer preside over the matter in the event that the defendant decided to change his plea.
He said though the commission has full confidence in the ability of the judge to handle the case, it would be in the interest of justice to allow another judge take over the matter in line with the provisions of Section 270(15) of the Administration of Criminal Justice Act (ACJA).
However, in its application, Nwosu urged the judge to reject the EFCC’s request and continue in his handling of the matter.
Arguing the application, Nwosu’s lawyer, Victor Opara, said the court has assumed jurisdiction in the matter the moment the plea of the accused person was taken based on the amended charge filed against them by the EFCC.
He further noted that transferring the case to another judge would slow down the process and that where a plea bargain arrangement was not in compliance with the law, then, nothing of such has happened in the eyes of the law.
The judge, however, on Wednesday ruled that the court has the jurisdiction to continue with the defendant’s trial.
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