Okereke-Onyiuke seeks absence during trial

Former Director General of the Nigerian Stock Exchange, Mrs. Ndi Okereke-Onyiuke, who is facing a charge of an alleged N3.3bn theft, along with others, at a Lagos High Court in Igbosere, has said her presence in court at the current stage of the case is immaterial.The lead defence lawyer, Robert Clarke (SAN), told the court presided over by Justice Christopher Balogun on Wednesday that the accused persons needed not to be in court when trial had yet to commence.Justice Balogun had directed parties to address him on whether or not the presence of the accused persons was necessary while hearing their notices of preliminary objection through which they were challenging the courts jurisdiction to try them as well as the competence of the charge.The arraignment of Okereke-Onyiuke and others has been stalled due to their continued absence in court.The Lagos State Government, had in July, filed two charges, marked LCD/157/2011 and LCD/158/2011, against Okereke-Onyiuke and seven others, accusing them of stealing about N3.3bn, property of the Exchange.Also fingered in the charge include a former senior official of the NSE, Alhaji Lance Musa Elakama, Uzoma Henry Onyekuru and five companies - Creative Financial Services Limited, Mining System Limited, OPDC Properties Limited, OAK Business and Finance Company Limited and Kingdom Securities and Finance Company Limited.Clarke argued, at the resumed hearing on Wednesday, that under section 208 of the states Administration of Criminal Justice Law 2007 (as amended in 2011), an accused persons presence was only required during trial.Corroborating his contention with various preceding judgements of the Appeal Court, including Gani Fawehinmi against the Attorney General of Lagos, in 1989, and the case of Ezezi and others vs the state, Clarke argued that the presence of his clients in court before the commencement of trial was unnecessary.
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