Non production of Fiat by the prosecutor who appeared for Economic and Financial Crimes Commission's (EFCC) stalled the trial of the former Nigerian Maritime Administration and Safety Agency (NIMASA) boss Patrick Akpobolokemi.
Akpobolokemi was charged with N754.7 million theft of NIMASA money.
He is standing trial on a 13-count charge bordering on stealing and forgery.
The other accused are Captain Agaba, Ekene Nwakuche, Governor Juan, Vincent Udoye, Captain Sahib, Olopoenia and a company Gama Marine NigeriaN Ltd.
The case was which was scheduled for continuation of trial could not go on because counsel to the accused persons opposed the appearance of a private practitioner, Mr Marcel Umeh, who came to prosecute the case.
Mr E. D. Onyeke, counsel to the second accused, told the court that Umeh was a private practitioner who does not have the Fiat of the Attorney General of the Federation (AGF) to prosecute the case.
He said that Umeh, was a staff of Mr Festus Keyamo, adding that Keyamo was the Fiat but cwould not delegate such powers to any of his staff.
"If Keyamo has the Fiat, it does not apply to Umeh, it is a known fact that only the AG can delegate such powers to an individual and not to the firm of that individual.
Onyeke, further stated that any proceedings effected by Umeh would amount to a nullity, therefore, it would be for the interest of Justice to avoid any procedural errors.
He said "Umeh cannot appear in this case because he does not have the Fiat and does not work for the Federal Government.
"If he produces a Fiat, we can proceed with today's proceedings, we urge my lord to refuse the appearance of Umeh in this case.
Other counsel to the other accused also alligned themselves with the position of Onyeke and asked the court to espunge the appreance of Umeh.
Umeh, however, admitted that he was not given the Fiat but argued that it was only the AGF who could question the appreance of a lawyer who was not with the Fiat and not the counsel on the other side.
In a bench ruling, Justice Raliat Adebiyi, consequently, said "Umeh, cannot handle this case without producing the Fiat, for this reason, this case cannot go on.
"This case will continue until Keyamo or any other counsel from EFCC come to prosecute it.
She, however, adjourned the case till May 3 for continuation of trial.
Akpobolokemi was charged with N754.7 million theft of NIMASA money.
He is standing trial on a 13-count charge bordering on stealing and forgery.
The other accused are Captain Agaba, Ekene Nwakuche, Governor Juan, Vincent Udoye, Captain Sahib, Olopoenia and a company Gama Marine NigeriaN Ltd.
The case was which was scheduled for continuation of trial could not go on because counsel to the accused persons opposed the appearance of a private practitioner, Mr Marcel Umeh, who came to prosecute the case.
Mr E. D. Onyeke, counsel to the second accused, told the court that Umeh was a private practitioner who does not have the Fiat of the Attorney General of the Federation (AGF) to prosecute the case.
He said that Umeh, was a staff of Mr Festus Keyamo, adding that Keyamo was the Fiat but cwould not delegate such powers to any of his staff.
"If Keyamo has the Fiat, it does not apply to Umeh, it is a known fact that only the AG can delegate such powers to an individual and not to the firm of that individual.
Onyeke, further stated that any proceedings effected by Umeh would amount to a nullity, therefore, it would be for the interest of Justice to avoid any procedural errors.
He said "Umeh cannot appear in this case because he does not have the Fiat and does not work for the Federal Government.
"If he produces a Fiat, we can proceed with today's proceedings, we urge my lord to refuse the appearance of Umeh in this case.
Other counsel to the other accused also alligned themselves with the position of Onyeke and asked the court to espunge the appreance of Umeh.
Umeh, however, admitted that he was not given the Fiat but argued that it was only the AGF who could question the appreance of a lawyer who was not with the Fiat and not the counsel on the other side.
In a bench ruling, Justice Raliat Adebiyi, consequently, said "Umeh, cannot handle this case without producing the Fiat, for this reason, this case cannot go on.
"This case will continue until Keyamo or any other counsel from EFCC come to prosecute it.
She, however, adjourned the case till May 3 for continuation of trial.
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