Court orders defence to appear in N5.6bn scam

The High Court sitting in Abuja, on Monday, ordered a defence counsel to appear before it to explain the “propriety” of a letter he wrote to it.
Adegboyega Awomolo (SAN), counsel to Tunde Dairo, a former personal assistant to Prof. Babalola Borishade, former Minister of Aviation, had written to the court to adjourn proceedings sine die, pending an appeal against the ruling of the court.


Dairo is standing trial with the former aviation minister; the former Managing Director of the Nigeria Airspace Management Agency, Rowland Iyayi; and an Australian, George Eder, who is the Managing Director of Avsatel Communications Ltd.
Justice Abubakar Umar had, on March 1, ruled that the confession made to the Economic and Financial Crimes Commission (EFCC), on July 25, 2008, by Dairo was admissible in court.
Awomolo had, in the letter, informed the court that Dairo was in possession of the proof of appeal notice, briefs and arguments that were filed at the Court of Appeal, Abuja Division.
But Umar in his ruling on Monday said it was not enough for Awomolo to send the letter without filing a motion for the court to grant the prayers being sought.
“The letter raised some major legal issues,” he said. “I would have preferred that the learned senior advocate appears before the court to explain whether a proof of appeal can operate as a stay of proceedings. What I have before me in the letter does not show that. I will give the counsel till Tuesday to appear before me and explain this.”
The judge also said he would be giving the EFCC counsel, Thomas Penger, a chance to address the court on the matter. He, therefore, adjourned the suit to Tuesday

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