(http://www.theinfostride.com/images/resized/images/stories/crisis/Resized/erastus-akingbola%20500_280_212_46x35.gif) A Federal High Court judge yesterday in Lagos dismissed charges of fraud against former Intercontinental bank CEO Erastus Akingbola for lack of diligent prosecution by the EFCC.
Akingbola was first arraigned by the Economic and Financial Crimes Commission on December 31, 2010, on charges of misuse of depositors' funds, abuse of office and money laundering to the tune of N5 billion. The charges were later amended to the tune of N42 billion. In all, the prosecution amended the charges against Akingbola up to three times previously before the same judge.
Justice Charles Archibong yesterday dismissed all the charges against him after lawyers for the EFCC applied to amend the charges yet again.
He said the trial had dragged on long enough and accused the EFCC lawyers, comprising five senior advocates of Nigeria, of incompetence.
"I hereby dismiss the charges, amended or otherwise, on the grounds of incompetence. I discharge the accused person accordingly," the judge said.
He also ordered Attorney General of the Federation Mohammed Bello Adoke to disband the prosecution team.
"I direct the Attorney-General of the Federation to disband, sack and de-brief the present prosecuting team and their various respective firms for abuse of court process. They are a drain on the public purse," Justice Archibong said.
The prosecution team comprised lead counsel Mr. Joseph Dawodu, who is President of the Nigerian Bar Association, Prof. Kanyinsola Ajayi, Mr. Emmanuel Ukala, Mr. Damian Dodo and Mr. A.B Mahmud, all of them senior advocates of Nigeria.
Justice Archibong said the prosecution had chosen to pursue a campaign to "scandalise" the court, saying "this amounts to serious and professional incompetence in prosecuting the accused."
He said he took notice that Akingbola is at present facing other charges before the Lagos High Court in respect of his tenure as CEO of Intercontinental Bank.
"This prosecution team or any part of it shall not be given further audience in this court in relation to the charges against the accused either before this presiding judge or any other judge of the Federal High Court, for the reason I have given in the foregoing," he said.
Justice Archibong said he would refer the conduct of the senior lawyers that led the prosecuting team to the Legal Practitioners Privileges Committee (LPPC) for disciplinary action.
"The record of these proceedings shall be forwarded to the AGF and the LLPC, and this proceeding is at its end," he said.
Earlier, prosecution counsel, Mr Godwin Obla (SAN), had asked for a short adjournment to enable the lead counsel, Mr Ben Ukala (SAN), to be physically present in court to prosecute the matter.
He told the court that the prosecution also wanted further stay of proceedings to enable them to compile documents at the Appeal Court to challenge the refusal of the judge to disqualify himself from hearing the case.
Counsel to the defendant, Chief Felix Fagbohungbe (SAN), however, objected to an adjournment and urged the court to dismiss the charges against his client.
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Daily Trust