A Federal High Court sitting in Lagos today disqualified Mr. Vitalis Ahaotu from prosecuting onetime Aviation Minister, Femi Fani-Kayode in the money laundering trial against him.
Ahaotu, a counsel in the firm of Festus Keyamo and Co., was prosecuting the case on behalf of the Economic and Financial Crimes Commission (EFCC).
But Justice Rita Ofili-Ajumogobia disqualified the prosecutor for lacking the fiat of Attorney General of the Federation (AG) and Minister of Justice, Mohammed Adoke to prosecute the case.
“There is no doubt that the AGF has the power to issue a fiat to any lawyer to prosecute a case on his behalf,” she said.
“But the prosecutor has shown no evidence of delegation in this respect. The prosecutor claims it possesses the fiat of the AGF, when in fact it has not been exhibited before this honourable court.”
She therefore held that “Ahaotu cannot continue to represent the Federal Republic of Nigeria in this case.”
Earlier in the month, counsel to the defendant, Mr. Ifedayo Adedipe (SAN) had challenged the appearance of the prosecutor in the case, expressing doubts on whose behalf Ahaotu was prosecuting the case: the Federal Government or the EFCC.
After the ruling, Mr. Alexander Opako another counsel from the same firm of Keyamo, pleaded with the court to fix a trial date, so that Festus Keyamo could appear in person.
But defence counsel, Mr. Wale Akoni (SAN), objected to this application, arguing that the charge had been rendered incompetent by the court’s ruling on the prosecution’s lack of fiat.
