Lagos lawyer, Mr. Festus Keyamo, has opposed an inquiry by Justice Rita Ofili-Ajumogobia of a Federal High Court, Lagos, into his power to prosecute former Minister of Aviation, Chief Femi Fani-Kayode, for alleged money laundering charges.
Keyamo, on behalf of the Economic and Financial Crimes Commission, is prosecuting Fani-Kayode, for 47 counts of money laundering charges.
However, Fani-Kayode, through his counsel, Mr. Ifedayo Adedipe (SAN), had on June 6, 2013, queried the competence of Mr. Vitalis Ahaotu, who appeared on behalf of Keyamo’s law firm, to prosecute the accused for the alleged offences.
Ofili-Ajumogobia subsequently ordered the parties to address her on the issue.
At the resumed hearing of the matter on Monday, Ahaotu adopted his written address, dated June 19, 2013.
He maintained that neither the court nor the accused had the power to conduct an inquiry into his law firm’s competence to prosecute the accused.
Ahaotu contended that the law was clear that the court could not descend into “arena of questioning the propriety of counsel appearance.”
He cited Sections 174 and 211 of the 1999 Constitution (as amended), adding that the Attorney General of the Federation or that of a state could validly authorise private legal practitioners to conduct cases on his behalf.
His written address read in part, “We respectfully submit that neither the accused nor the court can inquire into the propriety of counsel’s appearance, especially where the counsel has been properly briefed by his client.
“The burden of proving whether the prosecutor has the fiat of the AG, lies squarely on the accused who had failed to raise the issue at the time of arraignment.
“We, therefore, urge the court to hold that the accused cannot question the authority of Mr. Keyamo to prosecute this charge, and also pray the court to decline inquiry as to appearance of counsel.”
The judge adjourned till Tuesday (today) for ruling.