FORMER Director General of the Nigerian Stock Exchange (NSE), Prof. Ndi Okereke-Onyiuke, yesterday at the Lagos High Court lost the bid to halt proceedings at the criminal charges levelled against her by the Lagos State government. The government had charged her with the theft of N3.3 billion while at the NSE.Okereke-Onyiuke through her counsel, Chief Wole Olanipekun (SAN), had sought to stay proceedings in the matter pending the determination of her appeal at the appellate court.Justice Christopher Balogun held that Section 273 of the state's Administration of Criminal Justice Law (ACJL), 2011, prohibits suspension of proceedings in a criminal trial.He said the position of the law was that a court must treat a statute as it is without adding or subtracting, adding that he was not entitled to remove or add anything to the law.According to the judge, the words used in the section are 'clear and unambiguous,' therefore the court would not 'derogate from the provisions of the law.'He stated that going by the letters of the law, no criminal matter can be suspended both at the Magistrates' Courts and at the High Court in Lagos.'This is the position of the law in Lagos State as regards criminal matters,' Justice Balogun said and dismissed the application. 'The application for stay of proceedings brought by the defendant, dated 11th of May 2012, is thereby refused and is dismissed,' he decided.He, however, said he was aware that the defendants have filed an appeal at the Court of Appeal, Lagos, against his assumption of jurisdiction on March 23.He said he would defer to the Court of Appeal by continuing hearing when the defendants' application for stay of proceedings before the appellate court, fixed for hearing on November 12, is determined.But Olanipekun faulted Section 273 of the ACJL, saying it's 'a legislative taboo' and unconstitutional.According to him, continuing with the case at the High Court may foist a state of fait accompli (helplessness) on the appellate court.He said: 'The constitutional right of appeal vested on the applicant has not been taken away by Section 273.The provision is abnormal and amounts to legislative judgment. It is a legislative taboo and it should be withdrawn with apology. It conflicts with Section 66 of the constitution, which vests the powers of the court on the judge. The Lagos State High Court is a creation of the constitution and not the state legislature. Therefore, the Lagos legislature cannot water down the constitutional powers vested in the High Court or forbid it to stay proceedings.'Citing several laws that back staying of proceedings pending appeal, the senior advocate urged the judge to follow judicial precedence rather than abide by an 'unprecedented provision.'But counsel to Lagos State, the Solicitor-General, Mr. Lawal Pedro (SAN), urged the court to dismiss the application. He argued: 'Once the jurisdiction is challenged, the only jurisdiction the court has is to enquire and determine whether it can entertain this application for stay of proceedings, but will, in line with Section 273 of the ACJL, refuse the application. This is because this court no longer has power to stay proceedings in a criminal matter since this provision was enacted in 2011. The section is valid and binding on this court as well as on the parties.'Pedro said the constitution empowers the state House of Assembly and the Chief Judge to make rules for regulating the high court's practice and procedure. He stated that issues of stay of proceedings have always been decided by judicial precedence and not by judicial statute.'All previous decisions of the Court of Appeal and the Supreme Court on the issue of stay of proceedings in criminal trial are inapplicable to the present application because they were all decided before the ACJL was enacted and so were never considered as far as Lagos State is concerned,' he said.Lagos State government had filed two separate charges, accusing Okereke-Onyuike, her deputy, Alhaji Lance Musa Elakama and six others of alleged N3, 301, 000,000 billion theft while at the Stock Exchange.The others are Creative Financial Services Limited, Mining System Limited, OPDC Properties Limited, OAK Business and Finance Company Limited, Uzoma Henry Onyekuru and Kingdom Securities and Finance Company Limited.In one of the suits, the Lagos State government said Okereke-Onyuike and Elakama as officers of the NSE and Mining Systems Limited on or about June 20, 2008 at the NSE Building with intent to defraud conspired to steal various sums, property of the Exchange.Justice Balogun adjourned further hearing till December 4.
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