Judge dismisses motion to disqualify self from Dariye’s trial
The motion also sought for the case to be transferred to the Chief Judge of the FCT for re-assignment.The motion filed December 13, 2016 by Dariye, accused the judge of ‘manifest and undisguised bias’ in the N1.162 billion-fraud suit.
She held that in the matter before the court, she has maintained her judicious oath in carrying out her duties and declared that the trial will continue.
Dariye is being prosecuted by the Economic and Financial Crimes Commission (EFCC) for allegedly diverting about N1.162 billion from the state’s Ecological Fund to private companies and individuals.
Another motion filed by Dariye on December 6, 2016 was for the prosecution to recall two of its witnesses who include the first and the ninth prosecution witnesses (PW1 and PW9) for the purpose of re-examination.
While the PW1 is an EFCC Investigation Police Officer (IPO), Mr. Musa Sunday, the PW9 is a retired officer of the Metropolitan Police from the United Kingdom, Mr. Peter Clarke.
Dariye, through his counsel, Garba Pwul (SAN) said it was necessary to recall the PW9 in relation to oral evidence he gave on investigations he carried out in course of his duty while he was in the service of the UK Metropolitan Police.The matter was adjourned till March 16, 2017.
The judge in her ruling yesterday on the recall of witnesses denied the request for PW9. She held that Peter Clarke, has been retired from the Metropolitan Police since March 2015 and his whereabouts might be difficult to know.
Motion for recall of PW1, EFCC Investigation Police Officer (IPO), and Mr. Musa Sunday for further re-examination was however granted.The matter was adjourned till March 16, 2017.
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