BULAWAYO-BASED Nigerian businessman and church leader, Oma Alphonsus Achinulo, who is being accused of stealing $70 000 from his Zimbabwean business partner, has requested for the presiding magistrate and prosecutor to recuse themselves from the matter, arguing that they had been seen having lunch with the complainant and State witnesses.
BY SILAS NKALA
Achinulo (48), through his lawyer Lison Ncube, expressed fear that he might not receive a fair hearing.
He, however, denied the theft charge when he appeared before Gwanda regional magistrate Joseph Mabeza on Friday.
The Nigerian, who is director of Enfund Trading Company, is alleged to have stolen $70 533,34 from his business partner Nicholas Masuku.
On August 26, Achinulo wrote to the regional magistrate in charge of Matabeleland South and copied to senior prosecutor for western region, Martha Cheda, accusing Mabeza and prosecutor Johannes Tlou of engaging in procedural irregularities.
He said when cross examining Masuku, a major State witness, the prosecutor ’s line of questioning aided his answers, prompting his lawyer to object to the move. Achinulo said the magistrate ignored the objections.
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He said when his lawyer questioned Masuku, he was frustrated by Tlou. Achinulo said Ncube had to tell Tlou to take a witness stand since he seemed interested in being a witness.
“The magistrate failed to make a ruling in any of the objections raised and this led to confusion in court,” Achinulo’s letter reads. “I could see that there was bias on the part of the magistrate as well as the prosecutor. I felt my [Lawyer] was not allowed to fully and freely ask questions as there were constant interruptions from the prosecutor.”
Achinulo said the magistrate adjourned the court and called the lawyer and prosecutor to his chambers before postponing the case to entertain a separate case.
He said Tlou also tried to bulldoze a witness, Assistant Inspector Sibanda, who was not in the court papers served to his lawyer. His lawyer opposed the move.
Achinulo said before leaving Gwanda, he went to a restaurant for lunch where he saw Mabeza having lunch with the State witnesses.
“I cannot continue to be tried under such conditions as I feel the objects of justice and fairness will not be realised under such circumstances where the above mentioned may have the agenda,” Achinulo said. “I humbly request that this matter be heard by another court that displays impartial behaviour and court procedures.”
Achinulo’s lawyer confirmed that he had since served Cheda with his client’s complaint letter.
The State alleges that on October 20 2010, Masuku, a managing director of N and S Properties, agreed with Umzingwane Rural District Council to service and develop residential stands at Feinspruit Township.
Masuku then partnered with Achinulo’s company, which was to provide an earthmover and an excavator into the project.
Achinulo, however, only brought in an earthmover in violation of the deed of partnership. Achinulo was appointed the financial director of the partnership of N and S Properties and Enfund Trading Company when the project started.
They later ran out of resources and Masuku approached the council asking for permission to sell 43 stands to raise money to buy water reticulation pipes and materials to complete the project.
From May 2011 to February 2012, Achinulo received a total of $70 533,34 and allegedly diverted the funds to his personal use. He allegedly refused to show Masuku the financial books and records of the partnership.
But Achinulo said all the money was channelled towards the project and accused Masuku of fabricating the charges.
The matter was remanded to tomorrow.
