The ruling follows a motion filed by the defence on December 2, seeking to raise a preliminary issue regarding the legality of the proceedings.
The defence posed four key questions in its application as to whether the state complied with Rule 4 of the EFCC Rules of Statutory Instrument (SI) 10 by filing a list of witnesses, statements, and related documents.
And whether Lusambo took plea after the filing of these documents and if the the proceedings were a nullity if the answers to the questions were in the negative.
Delivering the ruling, Magistrate Chibwili expressed surprise at the defence’s challenge to the legality of the proceedings.
“I am surprised that the defense has questioned the legality of these proceedings. This case has been bogged down with numerous applications from the defense, despite the accused having already begun his defense,” Magistrate Chibwili remarked.
The court noted that Lusambo had taken plea on July 26, 2023, and trial had commenced with eight prosecution witnesses testifying before the EFCC rules came into effect in March 2024.
“It does not mean that we go back, retake plea, and refile documents for witnesses who have already testified. Such an approach would be impractical,” Magistrate Chibwili stated.
Describing the defense’s position as “frivolous and vexatious”, the court dismissed the application for lack of merit.
The case has been adjourned to January 10, 11, and 12, 2025, for the continuation of the defense.
