For the second time in two days, the Economic and Financial Crimes Commission failed to produce witness statements and other documents linking former Governor Ibrahim Shema of Katsina State to the allegation of N5.7 billion SURE-P fund in court as requested by defence counsel during the resumed trial of the defendant.
At the last adjourned date, the prosecutor, U.T. Uket, had pleaded with the court for time to enable him produce certain documents he needed to prosecute the matter.
The trial judge, Justice Hadiza Rabiu Shagari, of the Federal High Court in Katsina, had also frowned at the attitude of the prosecutor, saying in a criminal trial, the prosecutor should always be ready to produce documents served as proof of evidence at anytime.
Shagari said: “I don’t understand the way you want us to go on in this case.
“As a prosecutor, delay is not supposed to come from you.”
When the matter came up on Wednesday, Uket, who was asked by the court to produce the documents, said he was unable to do so because he could not have access to them when the court adjourned the trial two days ago until the resumption.
He pleaded with the court for more time to enable him produce the documents.
He said: “We have not been able to have access to the document.
“We apologise and we promise to make the statement available at the next adjourned date.”
But counsel to Shema, Chief Sebastine Hon, told the court that he could not proceed with the cross-examination of the witness without the documents.
According to Hon: “We did not only apply for the statement of the witness, we also applied for other documents that will help our case.
“We will not be able to proceed without those documents.”
In a short ruling, the court, again, ordered the prosecution to make available all the documents needed by the defence in the case.
“In view of the prevailing circumstances, I, therefore, order the prosecution to make available all the documents needed by the defence to do his case at the next adjourned date,” Justice Shagari said.
Last Tuesday, during the trial, a former Special Adviser to the Governor on Sure P fund, who is also the EFCC star witness, Nasiru Salisu Ingawa, told the court during cross examination that he has no proof or evidence that he gave any money from Sure P fund to Shema.
Shema was charged before the court by EFCC on allegations of misappropriation of the sum of N5.7 billion from Sure P, the allegations he pleaded not guilty to.
Ingawa at the sitting of the court on November 13, 2018 in the course of the trial during the evidence-in-chief told the court that contracts at Sure P were inflated and some programmes whose money were approved and released were not executed, but he took the money to the defendant.
On Tuesday during the cross examination when he was asked by Hon: “Do you have any document or evidence as the Chief Executive and Accounting Officer of Sure P that you took any money to the defendant,” the EFCC witness said: “My lord, I have no evidence that I took any money to the defendant.”
Also on Wednesday in the court, the former governor applied for the release of his International Passport.
According to him, he is expected to travel abroad for medical treatment between December 14, 2019 and January 13, 2020.
Uket did not oppose the application.
In a short ruling, Justice Shagari granted the request of the former governor.
She said: “The motion praying for the temporary release of the international passport of the defendant to enable him travel abroad for medical treatment from December 14, 2019 to January 14, 2020 is hereby granted.
“The passport should be returned to the Registrar of the court upon his return.”
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