Ndifon, who told Justice James Omotosho in a further affidavit filed by his lawyer, Joe Agi, SAN, insisted that Osuobeni Akponimisingha, the Independent Corrupt Practices and Other Related Offences Commission, ICPC’s counsel handling the case, was not qualified to practise as lawyer.

He restated that Akponimisingha’s name is allegedly not on the roll of legal practitioners in Nigeria pursuant to Section 2 of the Legal Practitioners Act.

Further affidavit, deposed to by Ndifon’s co-defendant, Sunny Anyanwu, was in response to ICPC lawyer’s counter affidavit filed against their motion on notice.

The suspended dean, in the earlier motion dated and filed March 15, had told the court that the amended charge was incompetent as a result of the disputed identity of the anti-graft agency’s lawyer.

He said the development had robbed the court of its jurisdiction to entertain the matter.

He, therefore, prayed the court to quashed the four-count charge against him and his co-defendant, Mr Sunny Anyanwu.

Akponimisingha, in his counter affidavit dated March 20, accused the suspended dean and his legal team of being jealous of his academic qualifications.

The lawyer, who attached his Nigerian Bar Association (NBA)’s Practising Licence document dated 2016 with the counter affidavit, said he graduated from Law School.

He said contrary to the defence argument, the appellation “Dr” added to his name was as a result of an additional academic qualification acquired by him after he had been called to the Bar as a legal practitioner.

He equally alleged that the names of the lead counsel to the defendants, Joe Agi, SAN and other senior advocates appearing with him in the criminal case, were not on roll of Legal Practitioners in Nigeria with the appendage of “SAN.”

He argued that the fact that the appellation “Dr” was added to his name did not make the amended charge liable to be struck out.

Akponimisingha said he was duly called to the Nigerian Bar and had been licensed to practise law in the country.

“That I know as a fact that justices presiding over cases in courts in Nigeria were called to the Bar only with their given names without the appellation ‘Hon. Justice.’

“Therefore, the appellation ‘Hon. Justice’ added to their names by reason of their appointment as judges does not render their judgments invalid because their names do not appear on the roll call of Legal Practitioners as ‘Hon. Justices.’

“The name Joe odey Agi, SAN is not on the roll of Legal Practitioners in Nigeria. What exists on the roll is Agi Joseph Odey, year of call, 1985,” he said

Akponimisingha told the court that the present application by the defence was a delay tactics deployed to stall the smooth trial of the charge.

He urged the court to discountenance their plea.

But Ndifon, in a further affidavit deposed to by Anyanwu, a co-defendant, stated that contrary to Akponimisingha’s argument, the defence was not challenging the appellation “Dr” added to his name.

Rather, he said their contention was that the name “Osuobeni Ekoi Akponimisingha is not on the roll of Legal Practitioners in Nigeria and that a search conducted on the roll of Legal Practitioners in Nigeria revealed that one Ekoi A. Osuobeni was called to the Bar in Nigeria in the year 2012.

“A copy of the computer print-out of the name of the said Ekoi A. Osuobeni from the Nigerian Bar Association Portal showing the names of’ Legal Practitioners on the roll in Nigeria as well as the certificate of compliance is attached as Exhibits B and C.”

The suspended dean contended that there was a world of difference between “Osuobeni Ekoi Akponimisingha” and “Ekoi A. Osuobeni.”

According to him, both names are not the same person for the purpose of a professional register sanctioned by law pursuant to the Legal Practitioners Act.

He urged the court to strike out the suit in the interest of justice.

When the matter was called on Monday, the ICPC lawyer told Justice Omotosho that the defendant brought a letter stating that the learned silk in the matter was having another matter at the Supreme Court.

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Fisong Fidelis, who appeared for the defence, confirmed filing the letter before the court.

Justice Omotosho, who expressed his displeasure about the way the matter had degenerated, said parties had left the main issue “and are now attacking their academic qualifications.”

“I owe a duty to this court to protect the integrity of the legal profession. I don’t like the way this matter is going,” the judge held.

The judge, therefore, directed the lawyers of the parties, including representatives of Federation of International Women Lawyers and NBA, to meet with him in his chambers on Wednesday so they could take a position on the development.

Justice Omotosho consequently fixed April 19 to rule on Ndifon’s motion seeking an order allowing the defendants to have an independent forensic examiner to look at some of the exhibits tendered by the ICPC.

Ndifon was, on January 25, re-arraigned alongside Anyanwu on an amended four-count charge bordering on alleged sexual harassment and attempt to perverse the cause of justice.

Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on January 22 by the ICPC on allegation that he called TKJ, the star witness, on her mobile telephone during the pendency of the charge against Ndifon to threaten her.

Source: NAN

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Justice Inyang Ekwo, who gave the order during the hearing of a suit marked: FHC/ABJ/CS/1193/2017, insisted that the court would not hear Emefiele’s motion for stay until he appeared in court.

Justice Ekwo had, on October 20, 2022, ordered the CBN governor to appear in court on January 18 over his alleged refusal to obey the order of the court for the payment of the judgment debt in favour of a legal practitioner, Joe Agi, SAN.

However, on the January 18, proceedings could not go on as scheduled when the matter was called, prompting the court to subsequently adjourn the case till March 20.

Agi had dragged Linas International Ltd, Minister of Finance and CBN to court as 1st to 3rd judgment debtors respectively, following an application for garnishee made by him as judgment creditor in the case.

Upon resumed hearing on Tuesday, Agi’s counsel, Ayodele Arotiowa, informed that on the last adjourned date, the court made an order that Mr. Emefiele should appear in court on the next date and that the order had not been obeyed.

Audu Anuga, SAN, who appeared for Emefiele and CBN, reminded that the court did not sit on the last adjourned date.

“There is an intervening circumstance which we have brought to the attention of the court by filing of affidavit of fact,” he said.

The judge then asked when the appeal was filed by Anuga.

“The appeal was filed on the 28th day of October, 2022,” the lawyer responded.

He said besides the appeal, they also filed a motion for stay.

Anuga, who said that the appeal had been entered, said that was why they filed affidavit of fact.

Arotiowa said though they had been served with the processes, they had also responded.

Anuga told the court that they had pending application to set aside those order nisi.

Justice Ekwo then said that it was because of the order he made that Emefiele should appear in court that prompted them to go on appeal “so that he does not appear in this court.”

“That is exactly what you have done. So, we, the trial court cannot do our job?

“I am not going to hear you on any application until Mr Godwin Emefiele appears in court.

“Therefore, I am going to give a date for you to report to the court on the compliance with the order of the court.

“Upon being aware that the motion for stay of execution is a live matter in this court, this court shall not hear that application unless and until Mr Godwin Emefiele who has been ordered to appear in court appears in court,” the judge declared.

He adjourned the matter until July 19 for report.

The dispute stemmed from an alleged $70 million judgment against Linas International Ltd for the lawyer’s (Joe Agi) assistance with the Paris Club refund.

Emefiele was said to have only released $17 million, leaving an unpaid balance of $53 million.

The court had on January 23, 2020, ruled that Emefiele must appear “to be examined on oath, since the date of the said garnishee order absolute, to pay the balance of 53 million dollars now due and payable under the said garnishee order absolute and also show cause why you should not be committed to prison for default in payment of the said sum.”

In October 2022, Agi through his counsel Isaac Ekpa and Chinonso Obasi, filed another application against Linas International, Minister of Finance and the CBN.

He sought for an order directing the Inspector-General of Police to arrest Emefiele and bring him to court alongside his lawyers, Damian Dodo, Audu Anuga, all Senior Advocates of Nigeria, and Ginika Ezeoke, Jessica Iyoke, Abdullahi Afolayan, and Olayemi Afolayan.”

Source: NAN

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