Ibadan – Justice Akintunde Boade of the Oyo State High Court sitting in Ibadan on Wednesday ruled that a former governor of the state, Otunba Adebayo Alao-Akala, has a case to answer in the corruption trial initiated by the EFCC.
Alao-Akala and two others were arraigned on an 11-count charge of conspiracy, illegal award of contracts, obtaining by false presence, acquiring property with money derived from illegal act and concealing the ownership of such property.
Boade held that the proof of evidence provided before the court against Alao-Akala and the other accused persons was implicating.
He consequently adjourned the case till Feb. 11, 2013 for the opening of trial.
Addressing newsmen after the court session, Mr Mamman Osman, who represented the lead defence counsel, Mr Lafeef Fagbemi, rejected the ruling.
"The judge showed great capacity for resilience and was quite accommodating to counsel.
"Within the period he listened to the preliminary objection and gave his ruling, he put in substantial industry.
"That notwithstanding, we do not accept this ruling as a correct position of the law. Our legal opinion is that the position taken by the judge is erroneous in law.
"However, because we are not the defendants, we would await further instructions from our clients. We have no initiation, hereafter, except to await further instruction from our clients.
"Nevertheless, we have requested for a true certified copy of the ruling so that we would not be caught unawares should our clients decide to appeal," he said.
But EFCC lead counsel, Chief Godwin Obla, said that the judge was correct in law by upholding the substantive application that the first accused person (Alao-Akala) was a public officer.
"You will recall that the first accused person said that he was not a public officer for the purpose of the ICPC Act, but we brought authorities to show that under the constitution, he was and the court so held.
"Issues have been thrown up that require the accused persons to be asked questions and to offer explanations.
"On the basis of materials and the proof of evidence before his Lordship, he was of the view that there are enough materials requiring the accused persons to offer explanation.
"However, those materials must not be equated with proof which come later.
"On the basis of these findings, he found their applications to be without merit and he accordingly and appropriately dismissed them," Obla said.
Fagbemi had on July 12 filed an application urging the court to quash the charges brought against the former governor.
He argued that the proof of evidence and the preliminary objection submitted by the prosecutor were irregularly placed and were, therefore, not in conformity with the law.
The defence counsel also said his clients had no case to answer since the proof of evidence submitted by the prosecution lacked the required essential ingredients.
Alao-Akala was present in court with the two other accused persons.
They are Sen. Hosea Agboola, a former Commissioner for Local Government and Chieftaincy Affairs in the Alao-Akala administration and Femi Babalola, the Chairman of Pentagon Engineering Services. (NAN)
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