ERASTUS AKINGBOLA

Defence again frustrates EFCC effort to arraign Erastus Akingbola on fresh charges.

Lawyers to Eratus Akingbola on Monday again frustrated attempts by the Economic and Financial Crimes Commission EFCC to arraign him before an Ikeja High Court on fresh theft charges.
The EFCC had dragged the former Managing Director of Intercontinental Bank Plc, and an associate, Bayo Dada, before Justice Habeeb Abiru on a 29-count charge, bothering on theft.
The EFCC alleged that Akingbola conspired with his wife, Anthonia now at large and Dada to steal over N47.1 billion belonging to Intercontinental Bank Plc while he was its Chief Executive Officer.
The anti-crime agency had made two previous attempts to arraign the accused persons which were stalled due to series of applications filed by their counsel stopping the arraignment.
At the resumed hearing on Monday, Akingbola’s lead counsel, Felix Fagbohungbe SAN, told the court that the defense had filed a fresh application dated May 20, 2011 which had been served on the prosecution.
Fagbohungbe asked the court to withdraw their earlier application dated May 10, 2011 in light of recent development concerning the matter.
The fresh application sought an Order of the court declining jurisdiction to entertain the case and also asked it to restrain the EFCC from arraigning the accused persons in respect of the fresh charges.
It also asked the court for an Order dismissing the charges brought against them on the grounds that the EFCC had no statutory powers under the Administration of Criminal Justice Law 2007 to prosecute the matter.
Fagbohungbe said the charge filed against the accused persons by the EFCC was done in bad faith and was an abuse of court processes.
He informed the court that Justice Charles Achibong of a Federal High Court in Lagos had on May 18 ordered the EFCC to release the accused persons immediately.
According to him, the former application was based on an interim order and with the substantive Order given by the Federal High Court Judge, the EFCC has no option but to release them.
He said Order that our clients must be released forthwith is an absolute Order. For the EFCC to keep holding them in their custody is contemptuous.
Fagbohungbe asked the court to declare an interim order releasing the accused persons from EFCC custody, pending the determination of the issues raised in the application.
However, EFCC lead counsel, Kola Awodein SAN, asked the court to grant the prosecution a short adjournment date to respond in writing to the fresh application filed by Akingbola’s lawyers.
Awodein also objected to the oral application made by the defense for the release of the accused persons, adding that the EFCC had filed an appeal against the judgment of the Federal High Court.
The judge, while expressing dismay over the slow pace of the matter, cautioned both parties against unnecessary delay tactics.
He adjourned the matter to May 31 to enable the prosecution respond in writing to the fresh application served on them by Akingbola’s lawyers.