Alleged $345,000 Fraud: Mercy Chinwo’s ex-manager to appear in court, judge insists

The Federal High Court in Lagos on Monday ordered Ezekiel Onyedikachi, a former manager of gospel singer Mercy Chinwo, to appear on 6 March.

Trial judge Alexander Owoeye gave the order following Mr Onyedikachi’s absence from court on Monday. The judge insisted that the bench warrant he issued against the defendant at previous proceedings remained.

The Economic and Financial Crimes Commission (EFCC) charged Mr Onyedikachi before the court over an alleged $345,000 fraud committed against gospel singer Mrs Chinwo.

Mrs Chinwo alleged that the defendant diverted about $345,000 from royalty due to her.

But the court had repeatedly rescheduled the defendant’s arraignment due to his absence from court.

On 16 January, the trial judge issued an arrest warrant against him following an ex parte application by the EFCC. The prosecuting lawyer, Bilikisu Buhari, told the court that her team was unable to effect service of the charge on the defendant who had “been unreachable.”

The court, after issuing the bench warrant, fixed Monday for the defendant’s arraignment.

At Monday’s proceedings, defence lawyer Monday Ubani, a Senior Advocate of Nigeria (SAN), announced that his client had filed a notice of preliminary objection against the trial.

He sought to move the application, but the judge asked why his client was absent from court.

In response, Mr Ubani said he received a phone call in the morning that the defendant “had a terrible accident.”

The lawyer promised that the defendant would appear in court at the next hearing.

The judge declined Mr Ubani’s request to move the application, maintaining that the hearing could not proceed in the defendant’s absence.

‘Dishonour’

The prosecutor, Rotimi Oyedepo, a SAN, described the procedure adopted by the defence as “strange.”

He opposed the defence lawyer’s request to move his client’s preliminary objection, citing section 396(2) of the Administration of Criminal Justice Act and judicial authorities.

“My lord, 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,” Mr Oyedepo added.

He informed the court that shortly after the close of the previous proceedings, the defendant was seen within the court’s premises granting media interviews.

He described such an attitude as a shame and a dishonour to the court.

He said if the defendant was truly indisposed as his client suggested, he ought to swear to an affidavit to show the court the proof.

Mr Oyedepo urged the court to issue a bench warrant compelling the defendant to appear in court, to protect the integrity of the court.

Although the defence lawyer objected and undertook to produce the defendant on his honour, the prosecution argued that defence’s honour or integrity was not in issue.

READ ALSO:Alleged $345,000 Diversion: ‘You’re a fantastic actress’- Ex-manager tells Mercy Chinwo

Mr Oyedepo maintained that the court should issue an order compelling the appearance of the defendant.

Previous order stands

In his ruling, the judge noted that the court had not assumed jurisdiction over the case since the defendant’s plea had not been taken.

“From the court’s record, the earlier bench warrant still subsists as it has not been withdrawn,” Mr Owoeye further declared.

He consequently ruled that the defendant must appear in court at the next hearing for his arraignment.

The court adjourned the case until 6 March for the arraignment of the defendant.