N6.5b aviation contract: Judge walks out of court as SANs engage in argument

By Our Reporter (The Nation)

The on-going trial of former Minister of Aviation, Babalola Borisade, took a dramatic turn on Tuesday when the judge of an Abuja High Court, walked out on the court.
Borisade is standing trial alongside a former Managing Director of the Nigeria Airspace Management Agency (NAMA), Rowland Iyayi; Tunde Dairo, a former Personal Assistant to Borisade and George Eider, an Austrian and Managing Director of Avsatel Communications Ltd.
The four are standing trial over the alleged mismanagement of the N6.5 billion Aviation Safe Tower contract.
They were arraigned by the EFCC on a 15-count charge bordering on bribe-taking and forging of documents relating to aviation contract on November 19, 2009.
At the resumed hearing yesterday, Justice Abubakar Umar walked out on the court for 35 minutes, as he ordered ‘a trial within trial’ to ascertain whether the confessional statement of Dairo (third accused) was admissible.
During the trial, Chief Adegboyega Awomolo (SAN), counsel to Dairo (third accused) and Mr Sebastine Hon (SAN), EFCC counsel, engaged themselves in a heated argument.
The judge, who had earlier asked each of them to take their seats and allow one person to talk, ordered the clerk, Akinwale Akinlolu, to announce his (judge’s) exit from the court when the counsel refused to stop arguing.
The argument started after Hon, EFCC counsel, objected to the manner a witness, Mr Reuben Omosigho, was being cross-examined by Borisade’s counsel, Mr Kehinde Ogunmiyiju.
But Awomolo, counsel to Iyayi, also stood up and asked Hon to stop interjecting in the re-examination process, but Hon refused and continued with his objection.
“I cannot be intimated by anybody. My witness should not be made to answer any question the way the accused counsel wants the answer to be,” Hon said.
Replying, Awomolo shouted: “I became a SAN before you. I am 24 years as SAN. You should have respect for me.”
Justice Umar then asked both of them to stop shouting in court and take their seats.
He said: “If you will behave like this, how do you expect the younger ones in the bar to act?”
The arguments lasted for close to 10 minutes and when Umar could not bear the situation, he immediately summoned the SANs to his chamber, and walked out.
After about 35 minutes, the two SANs returned to the open court and some minutes later, Justice Umar returned.
When the case resumed, the prosecution witness, Mr Omosigho, continued with his testimony.
He told the court that the third accused (Dairo) made the statement voluntarily, and denied the accusations by counsel to the accused that the EFCC obtained the statement under duress.
Before the adjournment, both Hon and Awomolo apologised to the judge over what had happened.
Awomolo said: “I wish to on behalf of my learned silk apologise to the court for the earlier disruption of court process.
Justice Umar, after listening to the apology, adjourned the ‘trial within trial’ to July 10 for continuation of hearing at the instance of the EFCC.
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