Hearing On Afribank Chiefs’ Application Adjourns Till February 18

[NewsCaster]

A FEDERAL High Court, Lagos yesterday fixed February 18, 2011 for hearing of an application filed by the former Managing Director and  Chief Executive Officer (CEO) of Afribank Plc, Mr. Sebastian Adigwe urging the court  to quash the charge preferred against him by the Federal Government.

The Federal Government through the Economic and Financial Crimes Commission (EFCC) is prosecuting Adigwe,  the Chairman of Afribank, Osa Osunde, three board members, Isa Zailani, Chinedu Onyia, Henry Arogundade and a stockbroker, Peter Ololo and his firm, Falcons Securities Limited for alleged involvement in abuse of office and granting of several billion naira worth of loans  without adequate security.

But Adigwe had in the application  filed  by his counsel, Chief Anthony Idigbe (SAN), claimed that the proof of evidence filed along with the charge disclosed no prima facie case against him and that it was intended to harass, annoy and frustrate him.

Apart from Adigwe's application, the court will on that day hear other applications by other defendants against the charge against them as well as two preliminary objections filed by Adigwe, in which he urged the court to strike out or dismiss the prosecution's  additional proof of evidence  filed on October27,  2010.

At the resumed hearing of the matter yesterday, Idigbe had informed the court of the applications urging the court to dismiss the proof of additional evidence filed by the prosecution on October 27, 2010 before the hearing of his application  to quash the corruption charge preferred against him by the EFCC.

But the prosecution led by A. B. Mahmud (SAN) objected to the application and urged the court to take the two preliminary objections together with the application seeking to quash the case.

Mahmud said although the court had at the last adjourned date slated the application for hearing before the new preliminary objection was filed on Thursday, prosecution had already filed a reply so that the business of the day could go on.

Mahmud in his objection urged the court to be mindful that the charge was filed against the accused persons way back in August 29, 2009, which made it incumbent on the court to ensure speedy dispensation of the matter.

But Idigbe  who urged the court  to take the preliminary objection first before the application to quash, told the court that he needed   time as a matter of constitutional right to respond on point of law to the threshold issues raised by the prosecution in its objection to the application seeking to dismiss the proof of evidence.

In his  short ruling after taking the counsels' submissions, the trial Judge, Justice James Tsoho elected to hear the preliminary objections alongside the various applications by the  former bank chiefs seeking that the charge against them be quashed.

The judge, who  also stood the matter down to allow the defence counsel time to respond on point of law, however adjourned hearing of the various applications  till February 18, 2011 on the information by counsel to the accused person, Toyin Pinheiro (SAN)  that all the parties had not been duly served with the processes.   

Adigwe in his application dated January 24, 2011 contended that the purported process is grossly and incurably  incompetent as it was not filed contemporaneously with the amended charge dated April 13, 2010.

In the application supported by a  eight- paragraph affidavit, h e also contended that an additional proof of evidence dated April 13, 2010 filed along with the aforementioned  amended charge was already before the court.

According to him, the prosecution had also filed a purported further additional proof of evidence dated May 13, 2010 against which  he filed a preliminary objection dated June 14, 2010 which is yet  to be heard by the court.

Adigwe, who alleged that the process was an abuse of court process, said  it was aimed at overreaching, annoying and irritating him with a view to denying him his constitutional right to fair hearing and fair trial.

Source: Court Adjourns Hearing On Afribank Chiefs' Application Till Feb 18