Justice Alexander Owoeye of the Federal High Court in Lagos on Monday held that the bench warrant issued against Ezekiel Onyedikachi (A.K.A. Eezeetee), the manager of gospel singer Mercy Chinwo, over alleged $345,000 fraud, subsists.
The court had issued the bench warrant on January 16, after
the Economic and Financial Crimes Commission sought a court to arrest Onyedikachi over allegations of financial mismanagement, including diverting royalties from Chinwo’s digital platforms and events.
The case was then adjourned till January 24 for his arraignment.
But when the case came up, the defendant’s counsel, Dr Monday Ubani (SAN), argued that the arrest warrant was unjustified.
He claimed that the matter was a contractual dispute, not a criminal one, and informed the court that Onyedikachi had filed a fundamental rights enforcement suit against the EFCC before another court to stop his arrest.
Ubani also told the court that his client had filed a preliminary objection to the charge against him and urged the court to vacate the earlier arrest warrant issued against him.
He also told the court that his client had not been served with any charge by the EFCC.
Responding, the EFCC counsel, Bilikisu Buhari, told the court that the commission had been unable to arrest the defendant since the court ordered his arrest.
She requested the court’s permission to serve the charge on Onyedikachi’s lawyer, Ubani, in the open court.
Ubani, who received the charges on behalf of his client, however, prayed to the court for a date to hear the preliminary objection against the fraud allegation.
After listening to the arguments of both counsels, Justice Owoeye “Said in the light of the defendant’s lawyer having accepted service of the charges and the preliminary objection against the charge, the court would adjourn to decide on the pending application.
Consequently, the judge adjourned the case to February 14, 2025, for possible arraignment and hearing of pending applications before the court, but on February 14, the case didn’t go on as it didn’t sit.
At the resumed hearing of the case on Monday, Ubani told the court that Onyedikachi was not in court as he had a domestic accident.
But the EFCC’s counsel, Rotimi Oyedepo, SAN, said the day’s business was the defendant’s arraignment.
Ubani objected to Onyedikachi’s arraignment, saying, “We are raising an objection to the charge; his plea can only be taken if it is proper.
He also informed the court of the two applications he had earlier filed, one of which was a preliminary objection dated January 29, 2025 and filed on January 31, 2025.
Meanwhile, Ubani withdrew the second preliminary objection dated January 22.
The prosecutor, Oyedepo, did not object to the withdrawal of the preliminary objection dated January 22.
Ubani then informed the court about the application objecting to the jurisdiction of the court to entertain the case.
When the defence counsel sought to move his objection, the court declined because he could not be heard until the defendant appeared 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.
I will not hear the application, the defendant has to come to court for his arraignment,” Justice Owoeye said.
Oyedepo, 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 application.
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,” he said.
Oyedepo said, “It is on record of My lord that the prosecution obtained a warrant of arrest on January 16, 2025, and adjourned till January 24 2025, for the arraignment of the defendant, but on January 24, 2025, the defendant was not before the court.
What appears to be a show of shame was that after the court’s proceedings, this defendant that did not dignify the court with respect came to the court’s premises and granted interviews with the media, making comments about the proceedings in the presence of his counsel.
Today, the defendant did not come for his arraignment only to say he had an accident in his house without any medical report or video as evidence.
However, Oyedepo urged the court to issue a bench warrant to compel the attendance of the defendant before the court, adding that the 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, on the next adjourned date.
The court adjourned the case until March 6, 2025, for arraignment.
