Court Refuses Application By Goje, 4 Others To Relocate Trial Venue
The Federal High Court, Gombe, on Wednesday refused to grant an application by former Governor of Gombe State, Danjuma Goje, and four others, for the transfer of the venue of their trial.
They prayed the court to transfer the venue of their trial from Gombe to Abuja or any state outside the North East zone, citing security as the reason.
The News Agency of Nigeria (NAN) reports that Goje and the other accused persons are standing trial on an 18-count charge of financial impropriety of about N25 billion from 2003 to 2011.
The four others are Sabo Mohammed-Tumu, former Gombe State Government House food supplier; Alhaji Aliyu El-Nafaty, former Executive Chairman, State Universal Basic Education Board, Gombe; S. M. DOKORO; proprietor of S.M. Dokoro and one Mohammed Dokoro.
Delivering a ruling on the application, Justice Babatunde Quadri warned both parties in the case to ensure peace and do all they could to ensure accelerated hearing of the matter.
``You should talk to your clients to ensure absolute peace; there is no need harassing anybody.
``No matter the resources anybody has, nobody should harass anybody.
``After the case, we will still be in Gombe; it is not a case of robbery and so nobody will be sentenced to death,” he said.
The judge also directed the counsel to report any threat to anybody’s life, even if it was sent through mobile phone.
``What impression would a reasonable person have of the court if it transferred the case to Abuja or another state on security grounds when since the case started in 2011, there had not been any security threats during the proceedings.
He urged the parties to do all they could to ensure accelerated hearing of the matter.
Chief Chris Uche (SAN), counsel to Goje and the others, had on Tuesday moved a motion praying the court to transfer the case to Abuja.
He said the accused persons wanted the trial in Abuja because of security threats in Gombe.
He said there had been reports of killings of persons in the state, saying the lives of the accused persons, counsel and witnesses would be in danger if the matter continued in the state.
Uche said the court had the jurisdiction and power to grant the accused persons the prayers sought since the case was “sensitive and sensational”
Citing sections 19 (1) and 22 (2) of the Federal High Court Act to buttress his case, the counsel said the court had the power to order the transfer of the proceedings to another place.
But counsel to EFCC, Chief Wahab Shittu (SAN), opposed the motion, saying that the lawyer to Goje did not suggest that apart from Goje, the other accused persons wanted the matter transferred.
He said there was nothing to suggest that other accused persons were agreeable to the motion as provided in Section 115 (1) and Section 115 (3) of the Evidence Act.
Shittu urged the judge to take ``judicial and judicious notice” that the accused persons were validly arraigned before the court; filed application for bail which was granted as well as applied for the quashing of the charges which the court refused.
He further said trial of the matter had started with witnesses appearing in court three times without any interruption of the proceedings by any security threats.
The counsel said security challenges were not exclusive to Gombe, but all over the nation, including Abuja, which the accused persons wanted the matter to be relocated to.
``The point is that that Nigeria is facing security challenges; everywhere there are security challenges.
``Because there are security challenges everywhere, do we move all the courts to Abuja?
``Will other cases in this court be moved to Abuja; what is special about this one, given the maxim that all are equal before the court?
``If we move the case, what statement will you be making to the world; that Gombe is not safe?
``That means the Gombe State House of Assembly, the prisons and other places should be relocated to the (Presidential) Villa.
Shittu also said Section 45 of the Federal High Court Act provides that courts could make transfer only to areas where the offences were committed and that such cases should be transferred to a judge other than the current one presiding over the case.
``If you transfer the case, the issue of jurisdiction will arise as to whether the court is eligible to try the matter outside the court’s jurisdiction,” he said.
The counsel said if the first accused person, who served the state for eight years, said he was not safe, whereelse could he be safe?
He urged the court to discountenance the motion and proceed with the trial in Gombe.
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