Attorney moves for case dismissal in Nigerian fraud case
Tumelo Mouwane | Tuesday May 12, 2015 15:24
Paul Muzimo said this was due to dissatisfaction over prosecutions’ extended delay in having his client’s case heard.
Muzimo registered his concern at the Broadhurst Magistrate Court last Thursday, arguing that the prosecution failed to serve them with statements and documents.
Muzimo’s client, Chukwuma Ezekannagha, is accused of swindling First National Bank Botswana of P2 million in cash by falsely pretending that he had plots in Mogoditshane to use as security “when in fact and in truth, the said plots were not rightfully allocated to him”. Last week, Muzimo said the prosecution did not have a strong case against his client. He said at a previous mention, the prosecution had informed the court that they would send the matter to the Directorate of Public Prosecutions (DPP) for an assessment of evidence. Muzimo said the prosecution had said they would then receive advice from the DPP.
“Today marks the sixth appearance of this matter before the court. The prosecution has also not served us with any statements or documents to indicate the strength of their case since bail ruling.
“The file only contains our bail application and the prosecutions’ response. We therefore apply for the court to set the matter for Case Management Conference (CMC).
“We want the prosecution to serve us with the evidence that they rely upon, failing which we will make an application for dismissal of this matter at the next mention,” the attorney said.
Muzimo also made an application for the court to issue an order to release Ezekannagha’s passport as he has to travel. “The accused is involved in an industry where he orders vehicles from Japan and the United Kingdom.
He therefore has to go to Durban occasionally in order to make payments.
“The conditions of the bail concerning my clients travelling documents are that his passport will be released when needed and it should be released upon court order.
“Substantive Magistrate, Babedi Mothuba has already issued an order to release his passport on two occasions. The accused will have to travel to Durban from May 11 to June 2.
“We therefore plead with the court to issue an order that the police should release his passport,” Muzimo added.
For his part Sub Inspector Tsogo Rantopa, on behalf of Inspector Phale Kgamanyane of Broadhurst Police Station, said they did not object to the release of the accused’s passport.
“Two orders to release the accused’s passport have been issued. We therefore don’t object to the release of his passport. “We plead with the court to order the accused to return the passport upon his arrival from Durban,” said Rantopa.
He added: “I advise the court that the matter has been sent to DPP for assessment of evidence. We had thought they would be present in court during this mention, but they are not present.
“We will engage with them to appear at the next mention to advise the court accordingly.”
Magistrate Gennai Jansen ordered the DPP to appear at the next mention and issued an order for the police to release Ezekannagha’s passport. “The accused passport will be released and he is to return it before the end of business on June 2,” Jansen said. The next mention will be on July 2.