Judge to SAN: You are lousy, rude, disrespecful to court

Akinwande Soji-Ojo

Justice Mojisola Dada of the Lagos State Special Offences Court sitting in Ikeja, on Tuesday, lambasted a Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika, for being rude, lousy and disrespectful to the court. 

The judge criticised the lawyer while declining to grant an application made by the Lagos State Attorney General and Commissioner of Justice, Lawal Pedro (SAN), to completely halt the trial of Azubuike Ishekwene and Olalekan Abdul, who are being prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged N1.35 billion fraud.

Justice Dada had discharged and acquitted the duo of the 20 counts filed against them by the state, but ordered the continuation of their trial on another five related counts simultaneously filed against them by the EFCC.

However, an altercation occured between the judge and defence counsel during Tuesday’s proceeding, prompting Justice Dada to accuse Olumide-Fusika of being rude, lousy and disrespecting the court, an allegation the lawyer refuted.

The altercation between the duo went thus: 

Olumide-Fusika: At least it will be on record that I made the application.

Justice Dada: I’ll consider it in the final judgement.

Olumide-Fusika: No, I’m making the application now.

Justice Dada: Ehn let it be there.

Olumide-Fusika: I’m making the application now. Now! My lord.

Justice Dada: Please don’t shout. No shouting.

Olumide-Fusika: I’m not shouting. I’m making the application now!

Justice Dada: And watch your language please.

Olumide-Fusika: I’m making the application now! I’m making the application now! The prosecutor made an application when your lordship read the ruling. 

Justice Dada: What application did he make?

Olumide-Fusika: He made an application. He pointed your lordship’s attention to the fact that your lordship made an order discharging and asking the second defendant to go.

Justice Dada: Discharging them?

Olumide-Fusika: “Your lordship said so.

Justice Dada: On 20 counts.

Olumide-Fusika: I said I’m making my application now. I’m making it now! Your lordship can decide…

Justice Dada: Mr Olumide-Fusika.

Olumide-Fusika: Yes, my lord.

Justice Dada: Watch your language, please.

Olumide-Fusika: What language am I watching?

Justice Dada: I do not appreciate your language.

Olumide-Fusika: What language am I watching? I’m not watching any language. I’m only making an application as a lawyer.

Justice Dada: As a lawyer, but you don’t need to be a lousy lawyer. You don’t need to be lousy.

Olumide-Fusika: Lousy, how?

Justice Dada: You’re being rude to the court.

Olumide-Fusika: How my lord? That I am making an application under the rules?

An anonymous member of the bar to Olumide-Fusika: You’re shouting.

Olumide-Fusika: How am I shouting? I am making an application under the rules of this court.

Justice Dada: And I’ve said I’ve heard you and my ruling remains what it is.

Olumide-Fusika: I am making an application before this court. It is my duty to make an application.

Justice Dada: If you’re not ready…

Olumide-Fusika: It is my duty to make an application.

Justice Dada: I’ll give you another date, so you can come and do your shouting game.

Olumide-Fusika: I’m not shouting. I’m making an application and I would want it to be taken down that your lordship should acquit… your lordship didn’t hear the application.

Justice Dada: I heard it.

Olumide-Fusika: Okay, on what counts am I asking?

Justice Dada: On the 20 counts obviously.

Olumide-Fusika: There are no 20 counts.

Justice Dada: The 20 counts listed earlier on.

Olumide-Fusika: There are no 20 counts. My application is for the acquittal, which can be refused, but I have the right to make the application and I don’t see what is rude in that.

Justice Dada: I’m relying on my ruling. I have refused you.

Olumide-Fusika: Your lordship cannot rely on the ruling when it is me making the application, but not rely on it when it is the prosecution making the application. Your lordship changed a lot of things in that ruling when it was pointed out to your lordship that your lordship had made an error. And I am telling your lordship that your lordship has made an error.

Justice Dada: What did I change? I have told you to watch your language. What did I change?

Olumide-Fusika: It is on the record.

Justice Mojisola Dada: I said they were discharged on the 20 counts.

Olumide-Fusika: No, I even pointed out my lord. I joined the prosecutor in pointing out, that in actual fact, your lordship told him to go. Your lordship told him to go. But that’s not the issue. My application today is… I have been calm. My lord, I have been very calm, but I am also not the kind of lawyer that can be intimidated. Yes, I will say so.

Justice Dada: Who is trying to intimidate you?

Olumide-Fusika: That is what your lordship is trying to do. That is what your lordship is trying to do. Your lordship cannot tell me not to make an application. And then tell me I’m rude because I said I want to make an application. What else have I said? Did I insult your lordship? Did I call your lordship names? No!

Justice Dada: You did!

Olumide-Fusika: There are people in court. We have people in court. I only said I made an application and your lordship is telling me I cannot make an application. What is my role as a lawyer if I cannot make an application?

Justice Dada: I have recorded you and I said I will rely on my ruling.

Following the altercation, the case was adjourned till October 31, 2024, for the continuation of trial.

Lagos State Attorney General, Pedro, had initiated an application for discontinuance after an earlier move to take over its prosecution failed. 

Justice Dada had also ruled that the defendants had a case to answer and that the prosecutor could prosecute the defendants.

The EFCC had in December 2019 charged Ishekwene and Abdul on 26-count bordering on conspiracy, forgery and stealing. They were arraigned on January 29, 2020.

EFCC had alleged that the duo conspired with Adeyinka Adewole and Morakinyo Bolanle (now at large) to obtain N350 million, and N1 billion from a financial institution under false pretence.

Ishiekwene, and Abdul, former Managing Director (MD) of Cleanserve, pleaded not guilty and were granted bail.

The case resumed on Tuesday for ruling on the notice of preliminary objection filed by the prosecution concerning the notice of discontinuance filed by Pedro. 

It relied on Section 211 of the constitution for discontinuing both state and federal offences before the court.

In his argument before Justice Dada, counsel for the second defendant, A. Abdulrasaq, stated that his principal, Dr Muiz Banire (SAN), was ill and on his way.

In her ruling, Justice Dada discharged the 1st and 2nd defendants on 20 out of the 26 counts brought against them under the laws of Lagos State, relying on Sections 211 of the 1999 constitution.

However, the trial judge ruled that the defendants should continue their defence in the remaining six-count charge brought against them under the Advance Fee Fraud Act and EFCC Act.

But counsel for the 1st defendant, Olumide-Fusika (SAN), asked that the case be stood down for 30 minutes. 

Afterwards, he attempted to make an oral application for his client to be acquitted, but the judge declined.

(newsacceleratornetwork.com)