The trial of a human rights activist and lawyer, Mr. Ebun-Olu Adegboruwa, who is standing trail before a Lagos Federal High Court, over alleged leasing out a property attached with an interim order of forfeiture of a Lagos High Court, has been adjourned till September 23 by 10am, and September 28 and 29 by noon for continuation of trial.
The court presided over by Justice Oluremi Oguntoyinbo, fixed the date after the Economic and Financial Crimes Commission (EFCC) second witness, Mr. Teslim Adekunle, had testified before the court on alleged charge against the human rights activist.
Adegboruwa is being prosecute before the court by the EFCC in a count charge, of leasing out a property that was said to be a subject of an interim order of forfeiture issued by Justice C.A Balogun of a Lagos High Court, on June 18, 2012.
He was alleged to have conspired with one Jonathan Udeagbala (now at large) to lease out a property located at 105 NICON Town Estate Lekki, Lagos, at the sum of N61 million to Shelf Drilling Nigeria Limited.
At the resumed proceedings, Adekunle, a Complaint Officer with Zenith Bank Plc, while being led in evidence by the EFCC prosecutor, Mr. Idris Mohammed, informed the court how the sum of N61, 691,944.65 was deposited into Adegboruwa's account as at August 13, 2013.
The witness prior to the deposit of the said amount, the total balance in the accused person's account was N1, 492, 232.06 million.
However, attempt by the witness to give details on how the proceed from the leased property was disbursed was opposed by Adegboruwa's lawyer, Mr. Tayo Oyetibo (SAN), who said the move was aimed at scandalized and ridicule his client.
Oyetibo (SAN), also informed the court that there was no relevance in between the cheque issued to his client in the charge before the court.
He said; "the evidence the witness intend to give is meant to scandalized the 'Pastor'. What is the relevance of the cheque issued to a Pastor in this charge.
" I urged the court to look at the documents before it, the cheque number is not part of this proceedings.
"All evidence on how the money was disbursed is not relevant to this proceedings. There is no allegations that the money received was not given to the owner.
"Section 32(1) of the EFCC Acts, has nothing to do with the disbursement of money."
Consequently, upon Oyetibo's submission, presiding Judge, Justice Oguntoyinbo, ordered the prosecution to resist it's from asking questions that has to do with the accused person's privacy.
During the cross-examination, the EFCC while answering questions from Adegboruwa's lawyer, said he did not know the purpose why said money was paid into accused person's account.
Adekunle also informed the court that there is a difference between an account opened personally by Adegboruwa and the one opened by Adegboruwa and Company, adding that his firm's account can have more than one signatory.
Prior to today's proceedings, the first prosecution witness, Godwin Adams, had informed the court how the personality of Adegboruwa convinced them to pay for the property.
Adams, a civil engineer by profession, who was led in evidence by EFCC's prosecutor, Idris Muhammed said he was introduced to the Adegboruwa by one Mrs. Jonathan Udeagbala who claimed Adegboruwa is their family's counsel.
Adams said, he and other agents including staff of Shelf Drilling Nig. Limited met Mrs Udeagbala in the attempt to rent a property which Udeagbala was occupying them.
But they later discovered that the said property was a subject of litigation and they approached the occupier (Mrs Udeagbala) to confirm.
" When will confirm that the property was a subject of litigation, Mrs Udeagbala took us to her lawyer, Bar. Adegboruwa to convince us to rent the property.
"Adegboruwa told us then, that there is no problem on the property, he said the case the property was involved was just between Mr. Jonathan Udeagbala and his friend, Mr Leo Okafor and the owner (Udeagbala) just want to lease the property out and use the money to settle with his friend, Okafor.
"The property was rented to us at the rate of ten million naira per annum and we paid for five years which made it fifty million naira for five years, we also paid additional ten million naira plus for the renovation of the said property, all the money was paid into Adegboruwa's account", he told the court.
However under cross-examination by defendant's counsel, Tayo Oyetibo (SAN), the witness said their was no traces that the property in question was subject of a court order of attachment.
The witness said Udeagbala was still occupying the property as at time they were negotiating to lease the property.
He also admitted that there investigation into the property did not revealed the property was subject of a court order of attachment.
The matter has been adjourned till September 23, for continuation of Adegboruwa's trial.
The court presided over by Justice Oluremi Oguntoyinbo, fixed the date after the Economic and Financial Crimes Commission (EFCC) second witness, Mr. Teslim Adekunle, had testified before the court on alleged charge against the human rights activist.
Adegboruwa is being prosecute before the court by the EFCC in a count charge, of leasing out a property that was said to be a subject of an interim order of forfeiture issued by Justice C.A Balogun of a Lagos High Court, on June 18, 2012.
He was alleged to have conspired with one Jonathan Udeagbala (now at large) to lease out a property located at 105 NICON Town Estate Lekki, Lagos, at the sum of N61 million to Shelf Drilling Nigeria Limited.
At the resumed proceedings, Adekunle, a Complaint Officer with Zenith Bank Plc, while being led in evidence by the EFCC prosecutor, Mr. Idris Mohammed, informed the court how the sum of N61, 691,944.65 was deposited into Adegboruwa's account as at August 13, 2013.
The witness prior to the deposit of the said amount, the total balance in the accused person's account was N1, 492, 232.06 million.
However, attempt by the witness to give details on how the proceed from the leased property was disbursed was opposed by Adegboruwa's lawyer, Mr. Tayo Oyetibo (SAN), who said the move was aimed at scandalized and ridicule his client.
Oyetibo (SAN), also informed the court that there was no relevance in between the cheque issued to his client in the charge before the court.
He said; "the evidence the witness intend to give is meant to scandalized the 'Pastor'. What is the relevance of the cheque issued to a Pastor in this charge.
" I urged the court to look at the documents before it, the cheque number is not part of this proceedings.
"All evidence on how the money was disbursed is not relevant to this proceedings. There is no allegations that the money received was not given to the owner.
"Section 32(1) of the EFCC Acts, has nothing to do with the disbursement of money."
Consequently, upon Oyetibo's submission, presiding Judge, Justice Oguntoyinbo, ordered the prosecution to resist it's from asking questions that has to do with the accused person's privacy.
During the cross-examination, the EFCC while answering questions from Adegboruwa's lawyer, said he did not know the purpose why said money was paid into accused person's account.
Adekunle also informed the court that there is a difference between an account opened personally by Adegboruwa and the one opened by Adegboruwa and Company, adding that his firm's account can have more than one signatory.
Prior to today's proceedings, the first prosecution witness, Godwin Adams, had informed the court how the personality of Adegboruwa convinced them to pay for the property.
Adams, a civil engineer by profession, who was led in evidence by EFCC's prosecutor, Idris Muhammed said he was introduced to the Adegboruwa by one Mrs. Jonathan Udeagbala who claimed Adegboruwa is their family's counsel.
Adams said, he and other agents including staff of Shelf Drilling Nig. Limited met Mrs Udeagbala in the attempt to rent a property which Udeagbala was occupying them.
But they later discovered that the said property was a subject of litigation and they approached the occupier (Mrs Udeagbala) to confirm.
" When will confirm that the property was a subject of litigation, Mrs Udeagbala took us to her lawyer, Bar. Adegboruwa to convince us to rent the property.
"Adegboruwa told us then, that there is no problem on the property, he said the case the property was involved was just between Mr. Jonathan Udeagbala and his friend, Mr Leo Okafor and the owner (Udeagbala) just want to lease the property out and use the money to settle with his friend, Okafor.
"The property was rented to us at the rate of ten million naira per annum and we paid for five years which made it fifty million naira for five years, we also paid additional ten million naira plus for the renovation of the said property, all the money was paid into Adegboruwa's account", he told the court.
However under cross-examination by defendant's counsel, Tayo Oyetibo (SAN), the witness said their was no traces that the property in question was subject of a court order of attachment.
The witness said Udeagbala was still occupying the property as at time they were negotiating to lease the property.
He also admitted that there investigation into the property did not revealed the property was subject of a court order of attachment.
The matter has been adjourned till September 23, for continuation of Adegboruwa's trial.
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