By Davidson Iriekpen



Drama Wednesday characterised the fundamental rights suit instituted by former Managing Director and Chief Executive Officer of Intercontinental Bank Plc, Dr. Erastus Akingbola , against the Economic and Financial Crimes Commission (EFCC) at the Federal High Court in Lagos as the President of the Nigeria Bar Association, Mr Joseph Daudu (SAN) , walked out on the presiding judge, Justice Charles Archibong , in protest against a ruling dismissing the application for stay of proceedings.

Daudu who is representing the EFCC in the suit had filed a stay of proceedings application to enable the commission appeal an earlier order of the judge directing the anti-graft to immediately release Akingbola and one of his aides, Bayo Dada from its custody and stay of all actions pending the determination of the suit.

Justice Archibong had declared the arrest and detention of the former bank chief by the EFCC as unlawful, illegal, wrongful and unconstitutional and also ordered that they be released from the custody of the Commission with immediate effect.

Akingbola, who is already facing corruption and money laundry charges before Justice Archibong at the Federal High Court, Lagos, was re-arrested by the EFCC two weeks ago alongside Dada for allegedly stealing about N50 billion from Intercontinental Bank Plc.

The drama started when counsel to the former bank chief, Chief Felix Fagbohungbe (SAN) informed the court that the EFCC served him with an application for stay of proceedings Tuesday at about 4pm and he would need time to respond.

At that stage , Justice Archibong asked him if the commission had complied with his order that his client should be released and Fagbohungbe informed that though the commission had been served with a copy of the order they refused to obey it.

The court then asked Daudu why the EFCC was yet to obey the order. Instead of answering the question, the NBA president responded, submitting that the court can not go into that issue at that stage because it was the subject matter of the case which was not ripe for hearing now.

According to him, “we have filed a motion for stay of proceedings because we have taken steps to exercise our rights of appeal and we are appealing Your Lordship order”

After listening to him, Justice Archibong lost his temper and immediately proceeded to dismiss the motion, which according to him, was misconceived.

Immediately after the ruling, Daudu informed the court that he was no longer interested in the proceedings.
At this point, Justice Archibong replied, saying if he wanted to leave, he had the right to do so.

Daudu immediately led other lawyers appearing with him including Dr. Kanyinsola Ajayi (SAN) out of the court in protest.

As they were walking out of the court, the judge pronounced their actions contemptuous and consequently held that the EFCC was in contempt of court.

After they left, the court went ahead to listen to the fundamental human rights application filed by the embattled former bank chief and his aide and granted all their prayers.

The court declared that the arrest, detention, harassment and incarceration of the Akingbola and Dada were a violation of their fundamental right to dignity of human person, personal liberty and freedom of movement guaranteed by Section 34, 35, and 41 of the Constitution and Articles 5, 6, 12 of the African Charter on Human and People Rights.

The court further restrained the EFCC whether by themselves or by their agents, servants, officers, privies or otherwise from arresting or detaining the applicants in any manner.

The EFCC had filed a 29-count charge against the bank chief and others the court, where it explained how he allegedly stole over N50 billion belonging to the bank.

EFCC made an attempt to arraign Akingbola and Dada before an Ikeja High Court on Monday but the move was strongly opposed by their counsel on the ground that they had filed a motion challenging the court’s jurisdiction.

Though they were brought to court and later docked, the court was however, forced to adjourn the matter till Monday next week for the hearing of the application.


http://www.thisdaylive.com/articles/akingbola-nba-president-daudu-walks-out-on-judge/91596/

Money talks and bullshit works

The EFCC lawyer did not do his home work well.

Nothing to do with homework. Akingbola has already been found guilty by the British Justice system, but in Nigeria, he can buy any Justice Archidumb to "protect his fundamental human rights".

Akingbola: EFCC, Daudu Petition Chief Judge
By Davidson Iriekpen

20 May 2011

Economic and Financial Crimes Commission (EFCC) Thursday petitioned the Chief Justice of the Federal High Court, Justice Ibrahim Auta, raising what it described as “strong objection” to the conduct of Justice Efang Charles Archibong.

Also, the President of the Nigerian Bar Association (NBA), Mr Joseph Daudu has petitioned Justice Auta, questioning the conduct of Justice Archibong in the suit filed by the former Managing Director and Chief Executive Officer of Intercontinental Bank Plc, Dr. Erastus Akingbola.

Daudu, who is counsel to the EFCC, had on Wednesday walked out on Justice Archibong in protest of a ruling dismissing the application for stay of proceedings in the fundamental rights suit instituted by Akingbola against the EFCC

The commission in a petition signed by its Chairman, Mrs Farida Waziri and dated May 19, 2011 faulted the conduct of the judge in the matter.

It disclosed that the climax of Justice Archibong’s "undue interests and manifest bias" in favour of the bank chiefs in proceedings before the court was graphically demonstrated on May 18, 2011 in the Akingbola matter.

The commission noted that in view of the judge’s manifest and unconcealed interests in the Akingbola case and other EFCC matters, his compromised stance cannot ensure justice in the matters.

It requested that since the judge had held the EFCC in contempt, he should excuse himself from all EFCC matters or be excused.

While referring the CJ to the petition, the anti-graft commission said it would not bore him repeating them in the petition.

Daudu said with the instruction of his client, it has unequivocally lost confidence in the ability of Justice Archibong to deliver justice in the matter.

He added that from the conduct of the judge, he has descended into the arena and had become embroiled in the mess of the controversy.

“It is with the greatest reluctance but with a high sense of responsibility to the institution for the administration of justice as represented by the judiciary that I write this petition as a strong objection to the serial conducts of Archibong J as it relates to matters being prosecuted by our Commission in connection with erstwhile bank chiefs.

“The anti climax of his undue interests and manifest bias in favour of the bank chiefs in proceedings before the court was graphically demonstrated on the 18 May 2011 in one of the related matters where our lead Counsel J B Dauda SAN led. The facts are already before you vide a petition and we will not bore you by repeating them. For the records however,we attach a copy for ease of reference.


http://www.thisdaylive.com/articles/akingbola-efcc-daudu-petition-chief-judge/91696/

but the judge said he could leave so where did the contempt charge come from?

Ibime:

Nothing to do with homework. Akingbola has already been found guilty by the British Justice system, but in Nigeria, he can buy any Justice Archidumb to "protect his fundamental human rights".

It's amazing how people who would be in prison in other climes are free to roam the high streets of Nigeria.