ABUJA – Proceedings in the alleged N27 billion fraud case against a former Taraba State governor, Darius Ishaku, and a former permanent secretary, Bello Yero, were stalled on Thursday after Mr Yero’s counsel withdrew his representation.
The defendants are standing trial before a Federal High Court in Abuja on charges of criminal breach of trust, conspiracy, and conversion of public funds brought by the Economic and Financial Crimes Commission (EFCC) on behalf of the Federal Government. Both have pleaded not guilty.
At the resumed hearing, Samuel Fagade, holding the brief for lead counsel Adeola Adedipe (SAN), informed the court that their firm had filed a notice of withdrawal as counsel for Mr Yero. He urged the court to grant the application and noted that Mr Yero had already engaged substitute counsel present in court.
Objections raised
Counsel for the former governor, Chris Umar (SAN), objected to the withdrawal, as did prosecution counsel Rotimi Jacobs (SAN). Mr Jacobs argued that Mr Fagade had been in court on 28 April when the prosecution led its third witness, Taiwo Jones, in evidence.
“I am happy that the counsel for the second defendant brought his application for withdrawal pursuant to Section 349 of the Administration of Criminal Justice Act (ACJA), 2015,” Mr Jacobs said. However, he noted that subsection (7) of the provision stipulates that a counsel who commences a case is bound to continue until judgment is delivered.
He added that subsection (8) requires a counsel with cause to withdraw to file a notice of discontinuance three days before the next adjourned date. “In this instance, he only filed his notice of withdrawal yesterday. He was in court on 28 April when the PW3 began his evidence-in-chief,” Mr Jacobs said. He later withdrew his objection.
Adjournment granted
The court subsequently granted the legal firm of Adeola Adedipe permission to withdraw from the case. When asked by the judge what he wished to do, Mr Yero confirmed he no longer had legal representation and requested an adjournment of four to six weeks to engage new counsel.
The prosecution objected, pointing out that Mr Yero had arrived in court with another lawyer, one Amos Minima, who had initially endorsed the court’s cause list before withdrawing his endorsement.
Justice Sylvanus Oriji adjourned the matter until 15 June for continuation of hearing.
