Following a pending plea for fiat before the court’s Chief Judge, the criminal trial of Nigerian musician Azeez Fashola, also known as Naira Marley, could not proceed before a Federal High Court in Lagos on Wednesday.
The trial judge, Justice Isaac Dipeolu, was notified by the prosecutor, Bilikisu Buhari, that the Chief Justice of the court was now considering an application for a fiat to allow the former judge to complete the defendant’s trial.
She said that the application is dated December 8, 2023.
The Economic and Financial Crimes Commission, EFCC, is prosecuting Naira Marley on charges bordering on cyber crime.
The anti-graft agency preferred the charges on May 14, 2019.
Naira Marley, who sang the popular song: “Am I a yahoo boy”, was arraigned on May 20, 2019 before Justice Nicholas Oweibo, but he had pleaded not guilty.
Justice Oweibo had accordingly, granted him bail in the sum of N2 million, with two sureties in like sum.
Trial has since commenced in the case and witnesses were still being led in evidence, but Justice Oweibo, was later transferred out of the Lagos division of the court.
The case was, therefore, transferred to a new judge, Justice Dipeolu.
When the case was called for the first time before Justice Dipeolu, Buhari appeared for the prosecution while Mr V.C Maduagwu, appeared for the defendant.
Defence counsel also confirmed the position as stated by the prosecutor to the court.
Following information of the pending application for fiat as brought to the attention of the new judge by counsel, the court adjourned the case until May 30 for report.
The EFCC said the defendant committed the offences on different dates between November 26, 2018 and December 11, 2018, as well as May 10, 2019.
The commission alleged that Naira Marley and his accomplices conspired to use different Access Bank ATM cards to defraud their victims.
According to the anti-graft agency, the offenses contravene the provisions of Sections 1 23 (1) (b), 27 (1) and 33(9) of Cyber Crime (Prohibition) Prevention Act, 2015.
