The Lagos High Court sitting in Ikeja has fixed Wednesday the 30 May to decide whether the Economic and Financial Crimes Commission (EFCC) has established a prima facie case against the former Managing Director of Intercontinental Bank Plc (now Access Bank Plc), Erastus Akingbola.
Justice Habeeb Abiru fixed the date after hearing arguments for and against a “no case submission” filed by Mr Akingbola, through his counsel, Deji Sasegbon.
The counsel insisted that the EFCC had failed to link his client to the crime and it also failed to prove the ingredients of stealing as specified in section 383 subsection 2F of the Criminal Code Law of Lagos State.
The former bank chief, who is facing allegations of stealing about N47 billion belonging to intercontinental bank, is standing trial alongside his associate, the General Manager of Tropics Securities Limited, Bayo Dada.
The court had adjourned the matter till today for the accused persons to open their defence, but when the case was called, the defence counsel informed the court that his client would not be opening their defence, as they had instead, filed an application of no-case-submission which he urged the court to hear first.
This move was strongly opposed by the counsel to the EFCC, Emmanuel Ukala who argued that it was too late in the day for the accused persons to file an application of no-case-submission, having earlier given an impression that they were ready to open their defence.
He asked the court to order the accused persons to open their defence, stressing that the application was “a ploy to delay the trial and determination of the case”.
Justice Abiru, in a short ruling, allowed the application to be moved, but complained that he had to cancel two dates earlier fixed last week for the accused to open their defence.
If the “no case application” succeeds the accused person will get an acquittal.
