The duo was accused of receiving $620,000 from oil mogul, Femi Otedola as an inducement to influence the report of the committee in favour of Zenon Oil and Gas Limited.Their lawyer, Mr Rickey Tarfa (SAN), contended that the court ought not to have granted the anti-graft agency leave to prefer the charges against the defendants because the prosecution failed to provide adequate materials necessary for the judge to exercise his discretion to grant the application.
He thereafter pleaded with the court to quash the charges and discharge the accused persons as there was no prima facie case against them and added that the foundation of the case against his clients was not legally laid.
He also faulted the prosecutors for not complying with the provisions of Section 155 (1)(b) of the Criminal Procedure Code which required that statements of witnesses be attached to the application to prefer charges.
The EFCC, represented by Chief Adegboyega Awomolo, also a Senior Advocate of Nigeria asked the court to dismiss the application which he described as a ploy by the accused to thwart and stall their trial and waste the time of the court.
He pointed out that the Supreme Court had held in many cases, that the purpose of seeking for leave of court to prefer charges was to ensure that frivolous criminal charges were not filed and not to allow the accused persons to see the details of the charges against them.
He contended that the charge remains valid and that the non-attachment of witnesses’ statement did not vitiate the legality of the charges.
The presiding Judge, Justice Mudashiru Oniyangi, after listening to the arguments in support of the application to quash the charges as well as the counter argument by the EFCC, adjourned till 2nd May for ruling on the application.
Lawan and Emenalo were said to have violated the provisions of the Independent Corrupt Practices and other related Offences Commission Act.
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