Alleged N5 billion fraud: Failing health of ex-Enugu governor, Nnamani, forced Judge to adjourn trial till November
By Adetokunbo Fakeye
Failing health of the former Governor of Enugu state, Chimaroke Nnamani, on Tuesday forced the judge to adjourn his criminal trial to November 3rd.
In a quick ruling after Mr. Nnamani’s counsel requested for adjournment, Justice Mohammed Yinusa, the trial judge, on sighting the former governor forcing himself to stand in the dock before him, while ruling on the request of Nnamani’s lawyer for adjournment of the trial, said the former governor needed more time to attend to his health.
“I can confidently state what I can see in the open court and I can say that the accused person cannot even stand in the dock,” the judge said, adding that he does not possess the medical know-how to ascertain Mr. Nnamani’s state of health.
“The first accused person needs time to heal and get adequate medical attention,” he added.
The former governor who ruled Enugu state between 1999 and 2007, has been dragged to court by EFCC with a 105-count charge of laundering N5 billion.
At the resumed trial which had been adjourned since last year, the ex-governor walked into the court room with his head bowed and right hand clasped across his chest and looks very sick.
His lawyer, Oluyele Delano(SAN) due to the health condition of the ex-governor pleaded with the judge to allow him sit down outside the dock, and the judge granted the request.
The lawyer then addressed the court: “Regrettably, my lord, we are constrained to seek further adjournment of the trial of this matter,”
In response to the prosecution lawyer against his adjournment pleading, he said: “At the moment, the first accused person (Mr. Nnamani) is severely ill. He has undergone a quadruple open heart by-pass. And while there was relative success with regards to that surgery, the accused person has had to embark on a very tedious recovery process.
“Unfortunately, he has recently suffered a set back in his health, in that he continues to suffer chronic chest pains,” he said and added that, his client’s doctors suspect that his heart is rejecting the pacemaker, a small device placed in the chest or abdomen to help control abnormal heart rhythms, that had been installed there.
“Indeed, at our pre-trial interview recently, only God did not let me have a corpse in my office.
“A dead man cannot be tried. I humbly crave the indulgence of the court to give us more time to be in a position to vigorously defend the allegations against us.
“In making this application, let’s bear in mind the need for justice to be seen to be done in that the first defendant will defend the allegations of the state against him,” he submitted.
In his counter argument, Kevin Uzozie, counsel to the EFCC, said that illness should not be a ground for stalling trial.
To him there was no medical evidence to show that the accused is incapable of understanding the court’s proceedings.
“At the risk of being accused as a man who has no feelings, I’ll like to remind my lord that we started this matter in 2007 when this matter was called.
“When this matter is called, most times the first accused will not be around. Health will be given as a reason for adjournment.
“I’ll say that illness per se is not a ground for stalling trial. The question is, is the accused person capable of understanding the proceedings?” He argued.
In his ruling, Justice Yinusa reminded the prosecution that ex-governor’s criminal trial did not begin with him in 2007.
“This case commenced before me on 7th March 2013. Ill health is an important issue in criminal trial particularly where the heart is affected,” he said and subsequently adjourned the case till November 3rd, 2014.