Abacha’s Arraignment Over Alleged N444.6bn Theft Stalled By Illness.

The planned arraignment of Alhaji Mohammed Abacha, the scion of the late head of state, General Sani Abacha, by the Federal Government for unlawfully receiving about N446.3billion allegedly stolen from government’s coffers between 1995 and 1998, was yesterday, stalled due to ill health.

In a fresh charge of nine counts filed against him, the Federal Government accused Mohammed of, “dishonestly receiving stolen property” and, “voluntarily assisted in concealing money.”

The charge replaced the earlier one of 121 counts in which Mohammed was charged with Atiku Bagudu. The government  excluded Bagudu from the fresh charge.

Mohammed Abacha was absent when the matter first came up on April 10, 2014 forcing the court to adjourn till yesterday.

His lawyer, Abdullahi Haruna, who was in court, on that date had explained that his client’s absence was because he was not aware of the new charge. He then urged the court to adjourn the case to a further date to enable his client attend court.

Before then, he undertook to accept service on behalf of his client.

But for the second time, Mohammed did not show up in court for his arraignment. Instead, he was represented  by another lawyer, Mr. R.O Atabo, who attributed his absence to ill health.

He tendered a medical report to support his claim. The report which was read by the prosecution counsel, Daniel Enwelum, a private practitioner, said Mohammed was suffering from blood pressure, severe back pains and headache and needed two weeks bed rest.

Consequently, Mohammed’s lawyer, Atabo, sought for an adjournment to enable his client recuperate and take his plea.

His words: “We acknowledged the fact that the accused has been served in accordance with the undertaking of Abdullahi Haruna. However, we wish to inform the court that about four days ago, the accused person took ill and has to be rushed to hospital.

“So, the absence of the accused person today is neither deliberate nor an attempt to frustrate his trial. I have confided with the prosecution counsel and in support of my application, we have a medical report to attest to the medical fitness of the accused person. In the light of this, we seek the indulgence of the court to grant us an adjournment to a favourable date when the accused can come for his arraignment.”

While not objecting to the application for adjournment, the prosecution counsel, Enwelum said since it was a medical case, he would reluctantly not oppose the application but told the court that since the medical report mentioned two weeks bed rest, the court should help to ensure that the defence counsel produce him in court for trial.

In his ruling, Justice Mamman Kolo said he was reluctant to grant an adjournment, but being a medical situation, he would allow time for the accused person to recover and face his trial. He thereafter, adjourned the matter till June 18, 2014.

In count one, Mohammed was alleged to have between August and December 1995 at Abuja, dishonestly receiving $36,480,000.00 made up of cash and travellers cheques property of the Federal Government, believed to have been stolen.

Count two alleged that Mohammed, between August and December 1995 at Abuja, voluntarily assisted in concealing $57,960,000.00 believed to have been stolen from the Federal Government. Count three alleged that he, between October and December 1996 at Abuja, dishonestly received $26,913,500.00 believed to have been stolen from the federal Government.

The prosecution alleged in count four that Mohammed, within the same time, voluntarily assisted in concealing $26,913,500.00 allegedly stolen from the Federal Government. Count five alleged that he, sometime in June 1997 at Abuja dishonestly received $10,000,000.00 believed to have been stolen from the Federal Government.

He was, in count six, said to have, between February and December 1997 dishonestly received $87,000,000 and 41,143,000 pounds sterling believed to have been stolen from the Federal government. Count seven accused him of voluntarily assisting in concealing the amounts mentioned in count six.

In count eight, Mohammed was accused of dishonestly receiving, between January and August 1998 receiving $167,000,000 and 99,957,000 pound sterling, believed to have been stolen from the Federal Government. Count nine accused him of voluntarily assisting in concealing the amount mention in count eight.

The alleged offences are said to be punishable under sections 317 and 319 of the Penal Code...culled