Justice A.O. Owoeye of Federal High Court, sitting in
Ikoyi, on Monday, February 17, 2025 held that Mr. Ezekiel
Thankgod must appear in court to take his plea and adjourned till March 6,
2025 for his arraignment.
Mr. Thankgod, ex-manager of gospel artiste, Mercy
Chinwo has consistently evaded arraignment by the Lagos Zonal
Directorate of the Economic and Financial Crimes Commission, EFCC,
prompting a warrant of arrest to be issued on him by the court
during January 16, 2025 proceedings.
Thankgod is to be arraigned on a three-count
charge, bordering on money laundering and dishonest conversion to the
tune of $340,000.
One of the charges reads: "That EZEKIEL
ONYEDIKACHUKWU THANKGOD and EEZEE GLOBAL CONCEPTS LIMITED sometime in 2023,
directly retained the sum of $260,494 (Two Hundred and Sixty Thousand Four
Hundred and Ninety-Four USD) in EEZEE GLOBAL MINISTRY Zenith Bank Plc account
number, which sum you reasonably ought to have known forms part of the proceeds
of an unlawful activity, the dishonest conversion of the said sum, property of
Mercy Chinwo and Judith Kanayo."
The offence is contrary to Section 18(2)(d) and
punishable under Section 18 (3) of the Money Laundering (Prevention and
Prohibition) Act, 2022.
The bench warrant of January 16, 2025
for his arrest followed an application by the prosecuting counsel, Bilikisu
Buhari, who informed the court that the prosecution has been unable to effect
service of the charges on him as he had been unreachable.
On January 24, 2025, defence counsel, Dr. Monday
Ubani, SAN had to accept service on behalf of the
defendant, but pointed to a preliminary objection challenging
the charges.
Justice Owoeye subsequently adjourned
till today, Monday, February 17, 2025 for the
defendant’s arraignment. Yet, he remained absent
and was again, represented by his counsel.
While conceding that the day’s business on the matter
was for the arraignment of the defendant, the defence counsel
cited a notice of preliminary objection before the court, challenging the
trial.
He further sought to
move an objection, which the court shot down on
the ground that he cannot be heard, until his client appears in
court.
Responding to Justice Owoeye’s inquiry on the
whereabouts of the defendant, the defence counsel told the court
that he received a call from him that he was involved in a
terrible accident today’s morning, but that he promised to be
available in court at the next adjourned date.
The prosecution, led by Rotimi Oyedepo, SAN, described
the procedure adopted by the defence in the case as
"strange."
Citing provisions of sections 396(2) of the
Administration of Criminal Justice Act, as well as Judicial Authorities of
State vs Achara and Federal Republic of Nigeria vs Yahaya Bello,
Oyedepo, urged the court not to hear the application of the defence.
"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.
He further informed the court that shortly after the
court rose at the last adjourned date, the defendant was seen within the
court's premises, granting media interviews.
He further argued that if actually the defendant was
indisposed as stated by his counsel, he ought to depose to
an affidavit as proof before the court.
After listening to the arguments, Justice Owoeye
declined to grant the request of the defence until the defendant appeared in
court.
"The court has not assumed jurisdiction over the
case, since the plea of the defendant has not been taken," Justice Owoeye
said. He further held that the bench warrant issued against the
defendant by the court had not been withdrawn and therefore, subsisted.
He also held that the
defendant should appear in court on March 6, 2025 next
adjourned date, either by the subsisting bench warrant or production by
his counsel for his arraignment.
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