Inability to produce a witness from the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of Mr Kayode Odukoya, the Managing Director of FirstNation Airline, after an alleged fraud of N1.7 billion, has stalled the proceedings.
Mrs Zainab Ettu, the EFCC Prosecutor, at the resumption of the proceedings, said the first prosecution witness was absent from court.
“We regret to inform the court that we are not prepared.
“The first prosecution witness that we were supposed to call was outside Lagos as at yesterday.
“I was in the office till 6.00 pm and he was not yet in Lagos. He is in town today but I told him not to bother.
“When I knew we could not go on today, I sent the defense a message,” she said.
Reacting, Mr Olawale Akoni (SAN), Odukoya’s lawyer,who was not pleased and expressed his disappointment.
“I got a message from the prosecution, I find this development a bit strange but I would not be commenting,” he said.
Akoni, in his submission, also told the court that the defense had filed a notice of preliminary objection dated April 30 opposing the suit.
Odukoya, through is lawyers, is seeking two orders: an order striking out the charge and an order discharging the defendants of the charges filed against them by the EFCC.
The grounds on which the preliminary objection are filed are that the court lacks jurisdiction to hear the charge with n0. ID/239C/2012 and that the charge contravenes Sections 77, 249 and 252 of the Administration of Criminal Justice Law (ACJL).