Sweet songs of victory for Erastus Akingbola, former Managing Director of Intercontinental Bank (now Access Bank), as Justice Charles Archibong of a Federal High Court in Lagos, dismisses all corruption charges filed by the Economic and Financial Crimes Commission against him. Simply put, court frees Akingbola.

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.
“Furthermore, I take judicial notice that the accused is presently facing charges before the Lagos High Court emanating from his tenure as Managing Director and Chief Executive Officer of Intercontinental Bank Plc, the AGF may wish to regain control of this process. This he can of course do at anytime of his choice.
“Meanwhile, the prosecution team presently employed indulged in their professional incompetent to the extreme, had been unmindful of the accused rights for him to have the case against him clearly stated. They have been dismissive of his right to speedy trial which in reality should be a credible procedure.
“Not to indulge in this extended campaign against the presiding judge, I therefore dismissed the charges amended or otherwise.
“For this incompetent and abusive prosecution team, I discharge the accused accordingly and leave the AGF to consider his options.
“This enrol order and the record of proceedings will be served on the AGF and the prosecution team. I will be referring the conduct of the SANs who led this prosecution team to the Ethics and Priviledges Committee for further consideration and determination of the issue.
The five Senior Advocates involved in the prosecution of the case are: Emmanuel Ukala, Konyinsola Ajayi, Kola Awodein, J.B. Daudu and Damien Dodo.
Akingbola had In a notice of preliminary objection filed through his counsel, Felix Fagbohungbe, disclosed that the proposed amended charge is meant to over-reach his earlier objection to the jurisdiction of the court to entertain the suit in the first place.
According to him, a notice of preliminary objection seeking to quash the charges was filed in respect of an initial 22-counts amended charge that was filed by the commission on the 26th of January, 2010.
He disclosed further that upon the service of the notice on the commission, it went ahead to file another amended charge dated 13th Dec., 2010.
While describing the new amended charge as an abuse of court’s processes, Akingbola alleged that with the new amendment, the EFCC is pursuing a piece meal prosecution to his detriment.
He then urged the court to refuse the amendment saying allowing it will prejudice his right to fair hearing.
However, in its counter affidavit to the notice, the EFCC said it is false that it is indecisive as to whether to prosecute the accused person or that it seeks to prosecute him in bits and pieces as alleged by him.
The anti-graft agency further disclosed that the present amendment is not directed at manipulating the criminal process as alleged by the accused person neither is it intended to take unfair advantage of him.


http://www.punchng.com/news/court-dismisses-money-laundering-charge-against-akingbola/

Coming on the same day a university student gets five years for his ATTEMPT to obtain money by deception, this judgement further serves to prove the judiciary is indeed malleable to those with sufficient clout in our society.

Is it not time we accepted that ours is a completely broken justice system when such a high-profile case, bordering on National interest, can be dismissed in such a cavalier manner for "lack of diligent prosecution"?
How many more of these are likely to end up going the same way, at the taxpayer's expense, in the months ahead?

A Federal High Court sitting in Kaduna has sentenced an undergraduate of Olabisi Onabanjo University, Ago-Iwoye, Mr. Olasaidi Dare, to five years imprisonment over an attempt to obtain money under false pretences in a cyber café belonging to a former member of the National Assembly, Senator Olabode Ola in Ado-Ekiti, Ekiti state.

@eguerilla

Please go through what the Judge is saying here.
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.
“Furthermore, I take judicial notice that the accused is presently facing charges before the Lagos High Court emanating from his tenure as Managing Director and Chief Executive Officer of Intercontinental Bank Plc, the AGF may wish to regain control of this process. This he can of course do at anytime of his choice.
“Meanwhile, the prosecution team presently employed indulged in their professional incompetent to the extreme, had been unmindful of the accused rights for him to have the case against him clearly stated. They have been dismissive of his right to speedy trial which in reality should be a credible procedure.

He is not saying that Akingbola has stolen or not. What he is asking for here is due process. For God's sake, the legal team of EFCC are learned SANs. One of them is even the president of NBA which goes a long way to show the kind of leadership this country has. These guys create unnecessary delay tactics thereby elongating the trial to the detriment of the accused. He has mentioned that an accused has a right to know in clear terms what his offences are. In reality, we all knew where this case would end because Sanusi used all those tactics to demonise those CEOs in order to carry out his 'REFORMS'. Initially he said Akingbola stole N350b, now the case is about N42.4B.
What the Judge is urging is that we should be civil in our approach to issues. An accused is presumed innocent until proven otherwise by a court of competent jurisdction. That is the position of the law, that is civilised conduct and is the way our modern society should be administered

^^^^ Sometimes, lawyers goofed in their profession. The judge technically exploited it to free the Akingbola. I thought it was a lie until i read it in punch online.

i can imagine what people are going tru, knowing how many people are killed 4 stealing little amount of moni. well just as it is said, justice is ment for the rich, if not why will ZOOMmobile not pay its workers and yet the owner cum chairman goes around spending the companies moni all in the name of wanting to rule the people of ANAMBRA. I pity them cos i know very many of them who are very enlightened.

check this out and u will pity them,

http://omojuwa.com/2012/zoom-mobile-pay-us-our-money-we-worked-for-it/

this is a clear indication dat d appoint of SANs should be abolished as many of them prove to be incompitent. how can prosecutors be negligent in their duties? such conduct should attract penalties. there is just no room for slip ups of this nature in the legal profession. i would personally discontinue patronage of such lawyers in light of their major slip up!

This is good news. Erastus the JOB of our time.

While the EFCC guys conduct was unproffessional and incompetent, I think the Judge went too far to suggest that they (prosecutors) should be sacked. He should not be the one dictating who should bring cases in front of him or any other judge for that matter

......

For me I think the Judge was right in his judgement. You see it is unethical the way someone in the mould of the NBA President has been conducting himself since he got to that position. Anyone who has been following events will recall how he was begging for jobs for the boys. He eventually got on the saddle eventually on this case and has been messing up. Remember his altercation with a judge in open court in one case not too long. This is the first NBA President that I have ever seen prosecuting a case on behalf of government. That goes to show he has soiled his hands. As lawyers would say, if the citadel of justice is corrupt what will happen to the body politic
Let us be reminded that in prosecuting these cases, government is paying these SANs heavily. No be free service. Even though I was a kid then, I could watch people like Priscillia Kuye in those days as NBA President, Olisa Agbakoba, Rotimi Akeredolu and so on they never behaved the way of this Daodu of a guy. If a guy has committed an infraction against the law, his case should be dispensed with within a short period and he must also be availed of his offence in clear terms without any ambiguity. That is the law and that is what the Judge is saying.
It is not the position of the law to sensationalise a case because you want to be seen as prosecuting a case. Law is based on evidence and not sensation. That is the position of the Judge and I agree with his Lordship totally

The judge is pissed. Not a victory for Akingbola at all. Very very lucky guy

na waoh, after the bankers all cooked their books due to lax regulation from previous CBN regimes, Sanusi injected tax payers $2.55 billion into these bank so they don't collapse, to secure jobs and keep depositors funds safe. I guess the freed rogue bankers can now enjoy their loot. It really pays to be a big man crook in Nigeria. EFCC needs to get some competent lawyers. Ibori must be cursing his brain out for ever thinking of leaving the shores of Nigeria.

@Saxywale

You see whatever a man does behind closed doors will come into the open one day. When someone suddenly gets slapped beside you, you had better speak up because when it happens to you someone else will speak up for you. Sanusi sold Intercontinental bank to Aig Imokhuede (Whose company United Alliance owes Intercontinental bank N16B) for N50B after government has injected N650B into the bank. Govt got 15% for its investment while Aig got 75%. Please work out that mathematics and explain how this one came to stand.

Power is transient my friend and in years to come, Sanusi will face the music to explain how this transaction scaled through. It is a question of time. He wants to become an Emir right. Let hm be reminded that Dasuki got to the Sultanate but got deposed when his cup became full. We can only watch as events unfold. I will say Scene 3 comes to a close, more to come. May God grant us longer life to witness when the dawn will come. We have not heard the last

CBN and EFCC have had unrestricted access to the records and book of Intercontinental Bank since August 14, 2009 - more than two and a half years ago. If they cannot find enough evidence to prosecute the man, its either they are grossly incompetent or there was no case against the man from the onset. Sanusi just misused his powers as a CBN governor to pursue a personal vendetta against Akingbola. The truth will always come out no matter what is done to suppress it.

^^^^

Cant you read? The case was dismissed on technicalities

If possible can they jail the prosection team in Akingbolas stead?

Or what evidence do we have that they didnt collude with Erastus to handle the case shabbily and get him a Acquital

Bottom line,...Money dey miss, Who tiff, the money?

What a justice system....CASH & CARRY as usual!

The law is made for the poor in naija cos the rich are always above the law!

Another rogue freed and the list continues.....while innocent nigerians languished in prisons.

Dimeji Bankole

Gbenga Daniel

Erastus Akingbola.....

Who's next

dayokanu: If possible can they jail the prosection team in Akingbolas stead?

That would be a gross miscarriage of justice.

Or what evidence do we have that they didnt collude with Erastus to handle the case shabbily and get him a Acquital

The burden of proof is on you, not on them. Moreover, who is gonna prove it? The same "Harvard-OAU-ABU educated, incompetent prosecution?"

Bottom line,...Money dey miss, Who tiff, the money?

We dont even know if there is any money missing. The case was never heard and Akingbola's status quo has been restored.

Good !!!!

Timehin: What a justice system....CASH & CARRY as usual!

T[b]he law is made for the poor in naija cos the rich are always above the law!
[/b]
Another rogue freed and the list continues.....while innocent nigerians languished in prisons.

Dimeji Bankole

Gbenga Daniel

Erastus Akingbola.....

Who's next

Its like that every where. Money talks. . .

strangerf:

Its like that every where. Money talks. . .

true !!!

strangerf:

Its like that every where. Money talks. . .

Rubbish! Where is everywhere? another plain silly attempt to mask the ugly tide of our corrupt system by making the problem a general case?

Show me cases of British Bankers/politicians that got away with breaking the law simply because they were rich! I bet If Madoff were Nigerian, he'd probably be an OFRN bearer.

^^^

So Akingbola is a politician?

Didnt realize that? what was I thinking. . .

^^

You obviously missed the part where I include "Bankers". I blame Seun's new interface, it makes it harder to read simple things these days.

Lol! That is one pissed judge.

But come to think of it, if not one, not two, not three, but FIVE bleeping SANs could be reprimanded like law school dropouts for "lack of diligent prosecution'', then it says a lot about the state of legal practise in the country.

Its overwhelmingly clear that Efcc has no desire prosecuting corruption cases of certain individuals. This latest scenario aptly captures the comment Debrief posited on a different thread where she described in clear terms, the daylight manipulation of Justice by those crooks at Efcc. Well am sure, Ibori must be regretting why he fled the shores of Nigeria. We ought to have a national day to celebrate Corruption in this sick nation.

Although i have to admit i always treated the charges against Akingbola with a fair dose of skepticism, what with the Saraki-lamidö-alabi connection which was never fully addressed.

Nigerian justice system needs revamp

Nigeria !!!