A Federal High Court in Lagos has reaffirmed that the arrest warrant issued against Ezekiel Onyedikachukwu, the former manager of gospel singer Mercy Chinwo, remains in effect.
Justice Alexander Owoeye made this pronouncement during proceedings on Monday.
Chinwo had accused Onyedikachukwu of diverting $345,000 in royalties due to her, leading the Economic and Financial Crimes Commission (EFCC) to file a three-count charge against him for money laundering and fraudulent diversion of funds.
At a prior hearing, EFCC counsel Bilikisu Buhari-Bala informed the court that the prosecution had been unable to serve the charge on the defendant as he had made himself unreachable.
Consequently, the court granted the EFCC’s request for an arrest warrant.
At the last sitting on January 24, Senior Advocate of Nigeria (SAN) Monday Ubani appeared for Onyedikachukwu and sought to have the arrest warrant revoked.
However, the EFCC reminded the court that the defendant was evading service, which justified the warrant.
Following a request by the EFCC, Justice Owoeye permitted the prosecution to serve the charge on Onyedikachukwu through his lawyer, Ubani.
The court then scheduled the defendant’s arraignment.
When the case resumed on Monday, Ubani again appeared for Onyedikachukwu, while Senior Advocate of Nigeria Rotimi Oyedepo represented the EFCC.
Ubani acknowledged that the hearing was meant for his client’s arraignment but stated that the defence had filed a preliminary objection challenging the charges.
At this point, the judge asked, “Where is the defendant?”
Ubani responded that Onyedikachukwu had called him earlier, claiming he had been involved in a serious accident that morning. He assured the court that his client would be present at the next hearing.
When Ubani attempted to argue his objection, the judge refused, stating that the court had not assumed jurisdiction since the defendant had not yet entered a plea.
Prosecutor Oyedepo criticized the defence’s approach, citing Section 396(2) of the Administration of Criminal Justice Act and other legal precedents.
“My lord, it is a show of shame and outright disrespect of this court for the defendant to be absent on three different occasions in a criminal trial,” Oyedepo said.
He further informed the judge that, despite claiming he was unavailable, Onyedikachukwu had been seen on the court premises after the last hearing, giving media interviews.
“It is a shame and complete dishonour to the court for a defendant to exhibit such an attitude,” Oyedepo added.
He argued that if Onyedikachukwu was truly unwell, an affidavit should have been filed to support the claim.
In light of this, Oyedepo requested the court to issue a fresh bench warrant to compel the defendant’s attendance and uphold the court’s authority.
Ubani objected, promising to personally ensure Onyedikachukwu’s appearance at the next hearing.
In a brief ruling, Justice Owoeye noted that the initial bench warrant was still valid as it had not been withdrawn.
The court ordered Onyedikachukwu to appear for arraignment at the next sitting, which was scheduled for March 6 based on the agreement of both parties.
