Music producer Ezekiel Onyedikachi, better known by his stage name EeZee Tee, declared on Monday that he is prepared to prove his innocence in the fraudulent conversion case brought against him by the Economic and Financial Crimes Commission, EFCC.
When the case was brought before a Federal High Court in Lagos for hearing, Onyedikachi provided the assurance through his attorney, Dr. Monday Ubani, SAN.
Ubani made an appearance on behalf of the defendant when the matter was called, while Mr. Rotimi Oyedepo (SAN) made an appearance on behalf of the prosecution.
Ubani then told the judge that he would be removing the two preliminary objections he had submitted to the accusation.
When the Presiding Judge, Justice Alexander Owoeye inquired about the whereabout of the defendant, Ubani told the court that he received a call from the defendant, who said he had a terrible accident that morning.
He however assured the court that his client will be available at the next date to take his plea and prove his innocence.
When Ubani sought to move his preliminary objection to the charge, the court declined on the grounds that he cannot be heard, until the defendant appears before the court.
Justice Owoeye held that the court had not assumed jurisdiction over the case, since the plea of the defendant had not been taken.
On his part, the prosecutor, citing provisions of sections 396(2) of the Administration of Criminal Justice Act, as well as judicial authorities of State vs Achara and Frn vs Yahaya Bello, urged the court not to hear the defence. He said:
“My lord, it is a show of shame and outright disrespect for this court, for the defendant to be absent on three different occasions in a criminal trial.”
Besides, he told the court that if actually the defendant was indisposed as represented by counsel, then it ought to be deposed by way of affidavit, to be shown as proof before the court.
In the circumstance, Oyedepo prayed the court to issue a bench warrant to compel the attendance of the defendant before the court, adding that same is important to protect the integrity of the court.
Although defence counsel objected to the grant of a bench warrant by the court, and undertook to personally produce the defendant on his honour, the prosecution argued that defence’s honour or intergrity was not in issue.
Oyedepo, maintained that the court issue a legal instrument, compelling the appearance of the defendant.
In a short ruling, the court held that from the court’s record, the earlier bench warrant by the court still subsist as it had not been withdrawn.
The court consequently, held that the defendant is to appear in court on the next adjourned date for his arraignment, either by the subsisting bench warrant, or by production by his defence counsel.
Based on agreement of counsel, the court adjourned the case until March 6, for arraignment.
