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Wednesday, December 12, 2012

Alao-Akala, others have fraud case to answer – Court

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Alao-Akala, others have fraud case to answer – Court
Dec 13th 2012, 00:05

An Ibadan High Court on Wednesday declared that former Oyo State governor, Adebayo Alao-Akala, and two others have a case to answer in a fraud allegation preferred against them by the Economic and Financial Crimes Commission.

Alao-Akala and a former Commissioner for Local Government and Chieftaincy Matters, Chief Hosea Agboola, and an Ibadan-based businessman, Femi Babalola, are standing trial on allegation of N11.5bn fraud brought against them by the commission.

The accused are facing 11 counts of conspiracy, illegal award of contracts, obtaining by false pretence had earlier prayed the court to quash the charges brought against them by the EFCC among other charges had earlier prayed the court to quash the charges brought against them by the EFCC.

 

Their counsel  led by Prince Lateef Fagbemi (SAN), had filed a preliminary objection to the suit, asking the court to quash it as it did not disclose any substantial evidence to warrant his clients trial.

He also asked the presiding judge, Justice Akintunde Boade,  to dismiss the charges, saying it was sheer oppression and abuse of power to put anybody on trial on the offence that was not proved.

The prosecution led by Mr. Godwin Obla, however, told the court that the evidence against the accused persons deserved an explanation.

He, therefore, prayed the court to discountenance the application seeking to quash  the charge.

Boade in his ruling, however, did not dismiss the charge.

He said, "The three accused persons have some thing to explain. I am of the strong view that the proof of evidence is established against the accused persons."

He added that having taken the pleas of the accused persons in line with the provision of Section 167 of the Civil Procedure Law, they could not challenge the jurisdiction of the court.

On the claim by Alao-Akala that he was not a public officer and so could not be tried by the EFCC, the Boade said the application to quash the charge lacked merit.

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