EFCC appeals dismissal of Akingbola’s fraud case

The Economic and Financial Crimes Commission (EFCC) on Thursday filed a notice of appeal before the Court of Appeal Lagos division , challenging the dismissal of a 26 count suit filed by the commission against the former managing director of Intercontinental Bank (now Access Bank), Erastus Akingbola by justice Charles Archibong of a Federal High Court sitting in Lagos .

In the appeal the anti-graft agency said that the trial judge erred in law when he proceeded the 26 counts charge filed against the respondent suo motu without affording the appellant the opportunity of being heard.

The commission further said that the trial judge erred in law when he proceeded to dismiss all the charges pending before him against the respondent at a time when there was a motion of stay of proceeding pending before him and without first considering and determining the motion.

The EFCC also accused Justice Archibong of not inviting any of the parties to address him before coming to conclusion to discharge the charges, thereby violating their right to fair hearing as constitutionally guaranteed by section 36 of the 1999 constitution.

They also said the trial judge wholly failed to take into account the grave nature of the charges proffered against the suspect and in that circumstance his decision is bias and perverse.

The EFCC is therefore seeking an order setting aside the Judgement of Justice Archibong in its entirety including but not limited to the order dismissing the 26 counts filed against Mr Akingbola.

Justice Archibong had last Tuesday struck out the 26-count criminal charge of money laundering and granting unsecured loan filed against the former chief executive officer of Intercontinental bank by the EFCC.

The embattled former bank boss was also discharged and in addition the trial Judge ordered the attorney-general of the federation to disband the legal team prosecuting the case for incompetence.

The prosecuting lawyers are Emmanuel Ukala, Konyinsola Ajayi, Godwin Obla, Edward Okpe and Ayodeji Arowolo all Senior Advocates of Nigeria.