The arraignment of Kebbi State Accountant-General, Alhaji Mohammed Arzika Dakingari and Muza Yusuf, Managing Director, Beal Construction Nigeria Limited by the Economic and Financial Crimes Commission, EFCC, before Justice Sabiu Bala of Kebbi State High Court, Birnin-Kebbi scheduled for Thursday, August 28, 2014 could not go on after all.
Dakingari and Yusuf were to be arraigned by the EFCC for offences bordering on conspiracy, obtaining by false pretence, abuse of office and money laundering.
Though, the accused persons were present in court, they could not take their plea as defence counsel, Suleiman Usman told the court that he had a pending application challenging the jurisdiction of the court to hear the matter.
According to Usman, “the law is trite that, where an application of this nature is filed, it has to be determined first. Your Lordship is enjoined to know that this honourable court needs to have necessary jurisdictions and powers before it can hear this case”.
However, counsel to EFCC, Mahmud Bello told the court that he had not been served with the motion. ” My Lord, I am surprised that my learned friend said they have served the prosecution with the motion. As I speak we have not been served”, he said.
Bello argued that the issue of jurisdiction can be taken at any stage in the course of prosecuting a case. He urged the court to take the plea of the accused persons.
Justice Bala, after listening to the argument of both counsel adjourned the case to September 23, 2014 for hearing of the application.
Dakingari, among other things allegedly used his office as the Accountant-General, Kebbi State to purchase 25 units of Iveco Trucks valued at N175m (one hundred and seventy five million naira) from Karimat Global Trade Links Limited for his personal company, Cigale Finance SA based in Lome, Republic of Togo but defaulted in payment.
Efforts by the supplier of the trucks to recover the money have been futile.
