Monday, April 2, 2012

Court discharges Akingbola over shabby prosecution

A Federal High Court in Lagos on Monday dismissed the corruption charges filed by the Economic and Financial Crimes Commission (EFCC) against the former Managing Director of Intercontinental Bank (now Access Bank), Erastus Akingbola for lack of diligent prosecution. The presiding judge, Justice Charles Archibong equally discharged the accused person from all the charges and directed the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke, to disband the prosecuting team led by five Senior Advocates. The judge had earlier overruled the former bank chief in his objection to the new amended 26 counts that was filed against him by the EFCC on the 13th of December, 2010. Justice Archibong in his ruling on the issue held that the leave of court is not required to amend a charge and that the anti-graft agency has not acted outside the law in taking the action. He then directed that the amended charge be read to the accused person. However, this was not to be as the EFCC’s counsel, Godwin Obla, told the court that he was not prepared for trial and that a motion for stay of further proceedings in the matter has been filed. He then asked for an adjournment for him to compile records of an appeal lodged by the commission against the decision of the judge not to disqualify himself from the matter as demanded by the EFCC. At this point, the judge rose and went into his chamber to write another ruling on the request of the EFCC to stay further proceedings in the matter. The judge in his new ruling stated as said “I direct the AGF to disband, sack and debrief the present prosecution team of five SANs and their respective firm for being incompetent in the prosecution of the charges against the accused before this court. “I direct the AGF to disband the team for serious abuse of process. They are a drain in the public purse, a fact the AGF should be mindful of now if he was not before. This prosecution team have chosen to pursue a campaign to scandalise the court. This amounts to serious and professional incompetent on the prosecution of the accused. “This prosecution team or any part of it shall not be given any further audience in this court in relation to the charges against this accused either before this presiding judge or any other judge of the Federal High Court for the reason I have given in the foregoing.

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