50m Dollar Fraud Case: Amaechi, Cole Reject Private Prosecutor, Gives Powerful Reason

50m Dollar Fraud Case: Amaechi, Cole Reject Private Prosecutor, Gives Powerful Reason

  • Former Governor of Rivers state Rotimi Amaechi, APC governorship candidate Tonye Cole and five others have rejected the prosecutor handling the fifty million trial fraud case
  • This is as a Rivers State High Court sitting in Port Harcourt, on Thursday, reversed its decision on a move by the state government to handover the prosecution of Amaechi
  • Meanwhile, the duo were charged for misappropriating over $50 million belonging to the state during the former transportation minister’s administration

The Rivers State High Court in Port Harcourt has reserved a ruling on an application challenging the legality of the state’s use of a private prosecutor in the trial of former Governor Rotimi Amaechi, All Progressives Congress (APC) governorship candidate Tonye Cole and five others.

Meanwhile, Amaechi, Cole, Sahara Energy and others were charged with misappropriating over $50 million belonging to the state during the former transportation minister’s administration.

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Tonye Cole, Rotimi Amaechi, Rivers State High Court
Rotimi Amaechi, Tonye Cole and five others reject private prosecutor over 50m dollars fraud case. Photo credit: @ChibuikeAmaechi
Source: Twitter

The court ruling

After prolonged legal fireworks, Justice Okogbule Gbasam reserved a ruling to review whether it was right for the public prosecutor to hand over a trial to a private prosecutor without meeting some legal requirements, The Nation reports.

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The matter became an issue when Mr. Donald C. Denwigwe (SAN) appeared with a certificate issued from the office of the Attorney-General of the state authorising him to take over the prosecution.

Rotimi Amaechi's lawyer reacts

But, Amaechi’s lawyer Abiodun Owonikoko (SAN) opposed the appearance of Denwigwe, saying it was against the law of the state, Vanguard added.

Owonikoko said the certificate was in contravention of Section 109 (1) (e) of the Rivers State Administration of Criminal Justice Law (ACJL).

He insisted that the section’s provisions do not allow a private prosecutor to substitute a public prosecutor in a matter that had been instituted by a public prosecutor, without meeting stipulated pre-conditions.

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He urged the court not to recognise the private prosecutor, saying it should be taken that the state was not represented in the matter.

Justice Gbasam adjourned till July 29.

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When asked if the party is divided into factions, Abubakar said:

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Source: Legit.ng

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