Appeal court says Katsina govt can prosecute ex-gov Shema
The Appeal Court sitting in Kaduna has disallowed the application filed by former governor of Katsina State, Ibrahim Shehu Shema to stop his ongoing trial by the Katsina State Government on grounds that he was not availed documents pertaining to the petition against him.
The court however recognized the right of an accused to be availed documents pertaining to charges standing against them but said Shema’s application could not stand as it was filed prematurely and before a plea was taken.
The court however recognized the right of an accused to be availed documents pertaining to charges standing against them but said Shema’s application could not stand as it was filed prematurely and before a plea was taken.
The Economic and Financial Crimes Commission
(EFCC) had arraigned Shema and three others before Justice Maikaita Bako of the
state High Court for allegedly defrauding the state of N11 billion during his
eight years as governor of the state.
Shema had approached the court asking it to stop
his trial at the Katsina High court an grounds that he was not given a fair
hearing.
The former governor had in previous sittings
argued through his counsel, JB Daudu, that he was not allowed access to state
facilities that would accelerate fair hearing in the case.
He told the
court that the trial in the lower court was vindictive and oppressive and
capable of trampling on his fundamental human right and requested the Appeal
Court to dismiss the case at the Katsina High Court.
In a unanimous judgment read by Justice H.A
Abiru, the court upheld the judgment of
the Kastina High court on the right of the Attorney General of Katsina State to
direct the EFCC to prosecute the former governor.
Shema had approached the Appeal Court on May 25,
2017, with interlocutory application challenging his alleged corruption trial
by a Katsina State High Court.
But the appeal court held that there was nothing
unconstitutional in the decision of the state high court to allow the Katsina
State Government to give fiat to a federal government agency to prosecute the
former governor for alleged offences.
Counsel to Shema, Elisha Y. Kora, who spoke with
newsmen after the judgment, said though there were grounds for them to disagree
with the judgment, their next action would be determined when they are availed
copies of the judgment to go through.
Daily Trust
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