Justice A.O. Owoeye of Federal High Court, sitting in Ikoyi, on Monday, held that Mr. Ezekiel Thankgod must appear in court to take his plea and adjourned till March 6, 2025 for his arraignment.
Mr. Thankgod, ex-manager of gospel artiste, Mercy Chinwo has consistently evaded arraignment by the Economic and Financial Crimes Commission (EFCC) prompting a warrant of arrest to be issued on him by the court during January 16, 2025 proceedings.
Thankgod is to be arraigned on a three-count charge, bordering on money laundering and dishonest conversion to the tune of $340,000.
One of the charges reads: “That EZEKIEL ONYEDIKACHUKWU THANKGOD and EEZEE GLOBAL CONCEPTS LIMITED sometime in 2023, directly retained the sum of $260,494 (Two Hundred and Sixty Thousand Four Hundred and Ninety-Four USD) in EEZEE GLOBAL MINISTRY Zenith Bank Plc account number, which sum you reasonably ought to have known forms part of the proceeds of an unlawful activity, the dishonest conversion of the said sum, property of Mercy Chinwo and Judith Kanayo.”
The bench warrant of January 16, 2025 for his arrest followed an application by the prosecuting counsel, Bilikisu Buhari, who informed the court that the prosecution has been unable to effect service of the charges on him as he had been unreachable.
On January 24, 2025, defence counsel, Dr. Monday Ubani, SAN had to accept service on behalf of the defendant, but pointed to a preliminary objection challenging the charges.
Justice Owoeye subsequently adjourned till Monday, February 17, 2025 for the defendant’s arraignment. Yet, he remained absent and was again, represented by his counsel.
While conceding that the day’s business on the matter was for the arraignment of the defendant, the defence counsel cited a notice of preliminary objection before the court, challenging the trial.
He further sought to move an objection, which the court shot down on the ground that he cannot be heard, until his client appears in court.
Responding to Justice Owoeye’s inquiry on the whereabouts of the defendant, the defence counsel told the court that he received a call from him that he was involved in a terrible accident that morning, but that he promised to be available in court at the next adjourned date.
The prosecution, led by Rotimi Oyedepo, SAN, described the procedure adopted by the defence in the case as “strange.”
Citing provisions of sections 396(2) of the Administration of Criminal Justice Act, as well as Judicial Authorities of State vs Achara and Federal Republic of Nigeria vs Yahaya Bello, Oyedepo, urged the court not to hear the application of the defence.
“It is a show of shame and outright disrespect for this court, for the defendant to be absent on three different occasions in a criminal trial,” he said.
He further informed the court that shortly after the court rose at the last adjourned date, the defendant was seen within the court’s premises, granting media interviews.
He further argued that if actually the defendant was indisposed as stated by his counsel, he ought to depose to an affidavit as proof before the court.
After listening to the arguments, Justice Owoeye declined to grant the request of the defence until the defendant appeared in court.
“The court has not assumed jurisdiction over the case, since the plea of the defendant has not been taken,” Justice Owoeye said. He further held that the bench warrant issued against the defendant by the court had not been withdrawn and therefore, subsisted.
He also held that the defendant should appear in court on March 6, 2025 next adjourned date, either by the subsisting bench warrant or production by his counsel for his arraignment.
