At the resumed hearing of the matter before Justice Adeniyi Onigbanjo, the marketers, through their counsel, Chief Wole Olanipekun (SAN), filed their application to that effect before the court.
Mahmud is the son of Alhaji Bamanga Tukur, Chairman of the Peoples Democratic Party (PDP).
The defendants were charged to court alongside Abdullahi Alao, son.
During Monday’s proceedings, Olanipekun informed the court that the application, dated May 3, 2013, had been served on the EFCC counsel, Mr Rotimi Jacobs (SAN) and other parties.
Olanipekun said the application was seeking for an order quashing or striking out the charge for want of jurisdiction.
“This charge is a matter relating to the revenue of the Federation on which only the Federal High Court has jurisdiction.
“The sub stratum of the charge is within the admiralty jurisdiction of the Federal High Court.
“The criminal charge was not instituted in accordance with procedural due process.”
According to Olanipekun, his clients filed the application late because they were still discussing with the Federal Government pertaining to the charge.
“As at now, we are still discussing. I say this from the Bar even if my learned friend, Jacobs, claims not to be aware,” he added.
The EFCC counsel, Rotimi Jacobs, in reply, however, told the court that he was not aware of the said discussion between his client (Federal Government) and the defendants.
He urged the court to allow the parties take the applications orally but the judge declined his request.
The case was subsequently adjourned the matter till May 28, 2013 for arguments on the applications.
Justice Onigbanjo also directed all the parties to file and attach their written addresses to the processes before the next adjourned date.
NIGERIAN TRIBUNE
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