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Wednesday, July 10, 2013

The Nation: Akingbola, Dada urge court to quash N47.1b theft charge

The Nation
A news breaking website. Truth in Defence of Freedom
Akingbola, Dada urge court to quash N47.1b theft charge
Jul 10th 2013, 23:07, by Adebisi Onanuga

A former Managing Director of the defunct Intercontinental Bank Plc, Dr. Erastus Akingbola, and his co-defendant Bayo Dada, have asked a Lagos High Court, Ikeja, to quash the charges preferred against them by the Economic and Financial Crimes Commission (EFCC).

Akingbola and Dada were arraigned before the court, presided over by Justice Adeniyi Onigbanjo, on an 18-count charge for allegedly stealing N47.1 billion belonging to the bank.

In a Motion on Notice, dated July 4 and filed by his counsel, Chief Wole Olanipekun (SAN), the accused prayed the court for an order striking out the charges against them, dated May 4, 2011.

They averred that the charges are unconstitutional, incompetent and illegal.

Akingbola also sought an order to quash counts one to 14, 19, 23, and his discharge.

The motion was brought pursuant to Sections 6(6) and 211 of the 1999 Constitution, as amended, and Sections 249, 252 and 253 of the Administration of Criminal Justice, Law of Lagos State, 2011.

Arguing the grounds of the motion, Akingbola said the EFCC had no powers to prosecute criminal matters before a state High Court without a fiat by the Attorney-General.

The former bank chief said he was charged with stealing under Section 390(7) of the Criminal Code Laws of Lagos State 2003.

"We are talking about a constitutional issue; we are talking about a fundamental issue; we are talking about a recondite issue. We are saying the Federal Government cannot prosecute a case of stealing before a Lagos High Court, under the Lagos State Criminal Code.

"If Your Lordship overrules us on this issue, it means the Federal Government can come before the state High Court to prosecute a case of reckless driving or environmental offences," he argued.

Akingbola also said the counts of the charges preferred against him were not only repetitive, duplicitous and oppressive but that his arraignment also constitutes a gross abuse of court process.

The judge fixed July 15 for ruling on their application tp quash the charges.

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