The anti-graft agency had filed a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents.
At the resumed hearing of the matter, Oshodi told the court that the defence had decided to withdraw two applications, one for a stay of proceedings and another one filed by Onyechi Ikpeazu (SAN), challenging the court’s powers to trial the defendants.
The judge then dismissed the application following no objection from the prosecutor.
But the move by Oshodi to move a new application on jurisdiction was resisted by Jacob, who insisted that the defendants have filed an appeal on the subject matter of the application.
Besides, Jacob also insisted that the court could not entertain the application because the defendant had not submitted himself for trial.
The prosecutor also informed the court that the defendant, in his move for an out-of-court settlement of the matter, has repaid the commission a total of N2 billion in instalments.
After listening to both parties, Justice Ogala asked the defence counsel the location of his client, to which he answered “around the world” that he did not know his specific location.
The judge then held that she could not hear the defendant’s application when the same issue was pending before the appellate court.
The judge held that it would be better for the court to await the appellate court’s verdict before taking further steps in the trial.
The defendant has not yet appeared before the court to enter his plea.
Meanwhile, the appeal filed by the defendant at the Court of Appeal is slated for hearing on May 7, 2024.
