The Supreme Court on Friday ordered the continuation of the stalled trial of a former Aviation Minister, Professor Babalola Borishade and others for alleged forgery and corrupt enrichment.
The trial had been stalled before a Federal Capital Territory High Court in Maitama, Abuja, by an interlocutory appeal which had been fought up to the apex court.
The former minister, a director of Nigerian Airspace Management Authority, T.A. Dairo, and two others, are being prosecuted by the Federal Government on allegation that they mismanaged about N5.2bn meant for the renovation of the nation’s airports.
Borishade had appealed against the decision of the FCT High Court to admit in evidence, a statement made by Dairo.
The Court of Appeal upheld his appeal, prompting the Federal Government to appeal to the Supreme Court.
In its unanimous judgment, the Supreme Court upheld the appeal, upturned the decision of the Court of Appeal and directed prompt resumption of the trials that had been stalled for over one year.
Justice Kumai Bayang Akaahs, who read the lead judgment wondered why Borishade appealed against a ruling that was not directed against him.
He noted that the ruling was on whether or not to admit the statement by the third accused person (Dairo) and not his (Aborisahade’s) statement.
The court, in an earlier judgment also set aside the decision of the Court of Appeal in the appeal filed by Dairo and others in relation to the same ruling of the trial court, which admitted his (Dairo’s) statement in evidence.
The apex court held that from evidence before it, the trial court was right to have held that the statement was made voluntarily.
It ordered the trial court to re-admit the statement and continue the trial. Punch
