A Federal High Court in Lagos has held that the arrest warrant against Ezekiel Onyedikachi, aka Eezee Tee, over an alleged fraudulent conversion of about 345,000 dollars said to belong to
his former artiste, Mercy Chinwo, subsists.
Justice Alexander Owoeye made this pronouncement on monday, while adjourning a criminal charge against Mr Onyedikachi.
Justice Owoeye had on Jan. 16, issued an arrest warrant against the defendant following an exparte application by the Economic and Financial Crimes Commission (EFCC).
At the last adjourned date on Jan. 24, defence counsel, Dr. Monday Ubani, SAN, had received the charge on behalf of the defendant, after giving an undertaking to do so.
He also, informed the court of a preliminary objection, challenging the instant charge.
The court had accordingly, adjourned the case for arraignment of the defendant.
But When the case was called on Monday and the court asked for the whereabouts of the defendants, Dr Ubani responded that he received a call from the defendant, who said he had a terrible accident this morning, and that the defendant will be available at the next date.
When defence counsel sought to move his preliminary objection, 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 jurisdicton over the case, since the plea of the defendant had not been taken.
Responding, the lead prosecutor,
Rotimi Oyedepo, SAN objected, urging the court not to grant the request of the defence, as the defendant had been absent twice, and was seen within the court’s premises at the last hearing, granting media interviews.
Although defence counsel objected to the EFCC’s request 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.
In a short ruling, the court held that from the court’s records, the earlier bench warrant by the court still subsist as it had not been withdrawn.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.
Further hearing is fixed for March 6.
