Mr. Agbele is facing trial for alleged diversion of N4.6 billion from the office of the former National Security Adviser, Sambo Dasuki.
He was arraigned alongside a former minister of state for defence, Musiliu Obanikoro, in absentia and two others, Tunde Oshinowo and Olalekan Ogunseye, both of whom are at large.
A company, Sylvan Mcnamara Limited, was also accused in the 11-count charge.
At Wednesday’s session, a new prosecution counsel, Wahab Shitu, said his client had three witnesses from Zenith Bank Nigeria PLC.
He prayed the court to proceed with the trial as planned during the previous sitting.
But counsel to the defence, Mike Ozekhome, objected to the introduction of a new counsel by the prosecution.
Mr. Ozekhome said the trial could not continue with the change of counsel, stressing that a different counsel had appeared for the prosecution since the commencement of trial.
Mr. Ozekhome cited Order 9 Rule 35, subsections 1 to 3 of the Federal High Court civil procedure rules, which provides for the provision of a motion on notice to be served on the other counsel, in the event of such a change in counsel.
“For a new counsel to take over, there must be a motion on notice on the other counsel’, said Mr. Ozekhome.
Mr. Ozekhome said a counsel, Johnson Ojogbane, who had appeared for the prosecution in the last hearing date, was already recognised by the defence.
He therefore prayed the court to compel the prosecution to follow the ‘prescribed rule’ for the change of counsel before the continuation of trial.
In a short ruling, however, the trial judge, Nnamdi Dimgba, decided that Order 9 rule 35, cited by Mr. Ozekhome was only relevant to civil rules and was not applicable to criminal matters.
The judge said the state had a right to decide which counsel would represent it, stressing that a civil rule cannot be stretched to become applicable to a criminal matter.
He said the court will proceed with the trial on October 27.
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