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Bunkering: FG loses bid to
stop proceedings against 13 Russians
By Maxwell
Oditta
Senior
Correspondent,
Lagos
The Federal High Court on
Tuesday struck out the prosecution�s application for stay of proceedings
in the on-going trial for oil bunkering of 13 Russians arrested on board
the illegal vessel, MT African Pride.
In her ruling, Justice Gloria
Okeke said the application for stay of proceedings could only have been
granted in special circumstances. She observed that what the prosecution
presented was facts and not special circumstances. She averred that the
granting of stay would not lead to equitable remedy.
� What should be the
consideration are the accused persons who are foreigners. In any
application, court has a discretion which should be used judiciously,� she
said.
In her earlier ruling, when
the counsel to the 13 Russians, Chief Emefo Etudor, made a bail
application, Okeke said she would not allow bail application. She
said instead of granting
application for bail, she would opt for speedy trial of the matter. Would
it be appropriate in the present circumstance in which accused persons are
denied bail to grant an application for stay of proceedings?
According to the judge, the
consideration for application for stay of proceedings after refusing the
suspects bail would cause more harm, since accused persons are presumed
innocent until proved guilty. She noted that the liberty of accused
persons is at stake.
From the facts before the court,
the continued hearing of this case will not be an injustice, because the
substantial case is a criminal matter. Since the liberty of the accused is
at stake, the prosecution and the defence are at liberty to appeal the
final decision of the court. In the instant case, I do not see any special
circumstance to warrant a stay of proceedings. I therefore hold that the
justice of the case would be better served if the application is refused.
So I hold, and so it should be,� Okeke said, adjourning the case till
January 26, next year for the prosecution�s final address.
Prosecution counsel, Mrs. Pat
Ajoku, had filed the application for stay of proceedings pending when the
Court of Appeal would grant or refuse its prayer to modify charges against
the Russians by replacing the phrase, �territorial waters� with �Nigerian
waters�.
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