The on-going trial of former Managing Director, Intercontinental Bank Plc, Erastus Akingbola, took a dramatic turn yesterday at a Federal High Court, Lagos, as President, Nigerian Bar Association, Joseph Daudu (SAN), walked out on the court in protest over the decision of the trial Judge, Charles Archibong, dismissing an application for stay of proceedings in the suit instituted by Akingbola for the enforcement of his fundamental human rights.
Daudu, who is representing the Economic and Financial Crimes Commission (EFCC) in the matter, had filed the stay of proceeding to enable the commission appeal an earlier order of the court directing the EFCC to immediately release Akingbola and one of his aides, Bayo Dada, from its custody and stay of all actions pending the determination of the application before the court.
Judge Archibong also declared that the arrest and detention of the former bank chief and his aides by the EFCC was unlawful, illegal, wrongful and unconstitutional and ordered that they be released from the commission's custody with immediate effect.
Also, the trial of the former Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), Raymond Temisan Omatseye, over alleged illegal transfer of the agency's fund and contract splitting began yesterday at a Federal High Court, Lagos, with the trial Judge, Binta Nyako, admitting as exhibits the statement of the first prosecution witness.
In his testimony, the witness, Ibrahim Ahmed, told the court that he and his team were detailed by the EFCC to launch an investigation to the activities of the agency following a petition received by the commission from the office of the Minister of Transportation against the management of NIMASA.
Ahmed disclosed that letters were written by the team to the office of the Attorney-General of the Federation (AGF), Ecobank Plc, Wema Bank Plc and the Bureau of Public Procurement (BPP) seeking vital information that would help the team in its assignment.
He also informed the court that the accused person and some other members of staff of the agency made useful statements to the investigative team.
Copies of the statements made by the accused person and some other members of staff of the agency were admitted by the court as exhibits.
Judge Nyako adjourned the matter till June 29, 2011 at the instance of another Prosecution Witness, Godwin Obla, who told the court that the key to the safe wherein some sensitive documents the commission intended to use to prosecute the case could not be located.
In another matter, a Lagos High Court sitting in Ikeja yesterday directed the Chief Medical Director (CMD), Lagos State University Teaching Hospital (LASUTH), to examine one Mr. Augunos Okoro, with a view to ascertaining his fitness to stand trial over a $330,000 fraud case brought against him by the EFCC.
At the resumed hearing yesterday, Mr. Rotimi Jacobs, counsel to the EFCC, expressed worry over what he described as the frustration of the proceedings by the defendant.
Jacobs said the defendant had been claiming inability to stand trial in the last four years due to ill-health. He said the claim was fishy since the defendant's condition had neither deteriorated nor improved.
The prosecution counsel added that he had not made any application through which the defendant could provide evidence in support of his claim of ill-health since Okoro was granted bail on December 14, 2004.
But Defence Counsel, Lucky Inolode, said the fact that the accused had always been assisted into the court each time the matter came up showed that he was unfit to stand trial.
He also said that Okoro had sometimes in November 2008 submitted himself to medical examination and was confirmed unfit to stand trial.
However, the trial judge, Joseph Oyewole, dismissed the defence lawyer's argument, saying that the fact that his client was assisted into the courtroom was not a prima facie evidence for his inability to stand trial.
Oyewole also said the medical test the accused person undertook in 2008 was not enough to show that Okoro was still ill.
But the judge also told the prosecution that they should have provided proof before the court to support their claim that Okoro was feigning illness to frustrate his trial.
Oyewole said the EFCC had all the needed intelligence and resources to keep watch on the defendants and provide necessary documents before the court.
He, therefore, ruled that the matter could not proceed to trial if there were no satisfactory medical documents tendered before the court on the issue raised, stressing that "the court cannot rule in vacuum."
The judge subsequently ordered the defendant to make himself available for medical examination by the CMD of LASUTH.
He also gave an order directing the CMD to conduct an examination on the defendant and furnish the court with the report on whether Okoro would be able to stand trial or not.
Okoro had been arraigned on May 30, 2003 on a 38-count charge bordering on forgery.
Under false pretence between October and November 1992, he allegedly obtained the total sum of $330,000.00 from one German, Mr. Klaus Munch, representing Munch Systemorganisation of Germany.
Okoro allegedly perpetrated the fraud by forging the seal, stamps and other documents of various Federal Government agencies.
And, for alleged complicity in diversion of tax revenue meant for the Federal Inland Revenue Service (FIRS) into private accounts, the Federal High Court in Ado-Ekiti yesterday summoned the Branch Manager, First Bank Plc, Ado-Ekiti, to appear before it on June 9 this year in respect of a case instituted against the bank and nine others by the Federal Government.
In the charge sheet dated April 11, 2011, the accused persons allegedly diverted several millions of naira of taxes paid by Ekiti State Ministry of Education and some local councils to FIRS into personal accounts, which contravened several specified sections of the 1999 Constitution as amended. The crime was allegedly committed in 1999.
Akingbola, who is already facing corruption and money laundering 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, Felix Fagbohungba, informed the court that the EFCC served him with an application for stay of proceedings yesterday at about 4.00 p.m. and he would need time to respond.
At that stage, Judge Archibong asked him if the Commission had complied with his order that his client should be released and Fagbohungba informed him that though the commission had been served with a copy of the order, it had so far refused to obey it.
The court then asked Daudu why the EFCC was yet to obey the order.
Responding, the NBA president submitted that the court could not go into that issue at the 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 right of appeal and we are appealing Your Lordship's order."
After listening to him, Judge Archibong dismissed the motion on grounds that it was misconceived. He also held that the EFCC was in contempt of court.
Immediately after the ruling, Daudu informed the court that he was no longer interested in the proceedings and then led other lawyers appearing with him, including another Senior Advocate of Nigeria, Kanyinsola Ajayi, out of the court.
But after the walkout, the court went ahead to listen to the fundamental human rights application filed by the embattled former bank chief and his aides and granted all their prayers.
The court declared that the arrest, detention, harassment and incarceration of Akingbola and Dada was a violation of their fundamental rights to dignity of human person, personal liberty and freedom of movement guaranteed by Section 34, 35, and 41 of the 1999 Constitution and Articles 5, 6, 12 of the African Charter on Human and People Rights.
The court further restrained the EFCC by itself "agents, servants, officers, privies or otherwise however from arresting and/or detaining the applicants in any other manner."
Source: NBA president walks out on court in Akingbola's trial (http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=48494:nba-president-walks-out-on-court-in-akingbolas-trial&catid=1:national&Itemid=559)