Dickson Akoh, National Commandant, Peace Corps of Nigeria, has asked the Federal High Court, Abuja, to adjourn his alleged N1.4 billion money laundering suit indefinitely.
Akoh is asking the court for an indefinite adjournment, pending when the Nigerian Police will obey an earlier order of the court to unseal the headquarters of the corps.
At the resumed trial on Tuesday, John Ochogwu, counsel to Akoh, informed the court that the police had not obeyed the order made on Jan. 16, as the headquarters of the corps was still sealed.
The order of January 16 was to the effect that the police should vacate the premises of the Peace Corps and allow Akoh access to his office.
Ochogwu argued that the police, having not obeyed the order, had no right to be heard by the court, adding that “he who comes to equity, must come with clean hands”.
He added: “The attitude of the applicant is a sad reminder of what this country tried to avoid by returning to democratic rule, it is also an outright disregard of the authority of this court.
“No power that disobeys a court order deserves to be heard by the court and it is only the court that is duty bound to protect itself.”
chogwu further told the court that continuous sealing of his client’s office had left him thoroughly disadvantaged and unable to prepare his defence.
He said: “There is no way we can prepare our defence because all documents and facilities we need for the defence have been seized by the police, and the office is sealed.”
Ochogwu urged the court to compel the police to clear itself of the contempt charge by stopping the trial sine die (indefinitely), until the order of the court made since January was obeyed in the interest of justice.
A.S. Don-Oboh, the prosecuting counsel, however, prayed the court to refuse Akoh’s application on the grounds that the law did not permit a stay of proceedings in a criminal matter.
Don-Oboh told the court that Section 306 of the Administration of Criminal Justice Act 2015 was against such an application and urged the court to order Akoh to continue with the trial.
The judge, Justice John Tsoho, adjourned the matter until June 11 for ruling.
The News Agency of Nigeria reports that Akoh and the Incorporated Trustees of the Peace Corps are being prosecuted by the Federal Government for alleged conversion of monies directly derived from extortion amounting to N1.4 billion.
The Nigerian Police sealed the headquarters of the corps on February 28, 2017, following which the corps filed an application for breach of fundamental rights.
The Federal High Court ordered the police to unseal the premises of the corps and also ordered the police to pay the corps N12 million as damages for infringing on its rights to own properties and for freedom of movement.
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