A major transport firm, Cross Country Limited, and its Managing Director, Mr Bube Okorodudu, today asked a Lagos High Court sitting in Ikeja to quash the N82.8 million theft charge preferred against them by the Economic and Financial Crimes Commission (EFCC).
The defendants made the request in a preliminary notice of objection filed by his counsel, Robert Clarke (SAN), before the court presided over by Justice Lateef Lawal-Akapo.
Mr Okorodudu and Cross Country were charged to court alongside another company, Car Link Ltd on eight counts bordering on conspiracy, stealing, forgery and uttering.
The EFCC alleged that the defendants stole the money through the fraudulent sale of 17 units of Volkswagen transporter buses belonging to AG Moeller Ltd and Mr Adeloye Olukemi.
At today’s proceedings, Mr Clarke said the defence had filed an application
challenging the competence of the charge and the jurisdiction of the court to hear and determine the matter.
He argued that the EFCC had no power to prosecute criminal cases under a state high court, and further submitted that all the 400 cases filed by the EFCC before the Lagos State High Court should be struck out.
Counsel to Car Link Ltd., Ladi Rotimi William (SAN), described the charge as absurd since the defendants had already made payments for the buses.
According to him, the disagreement between the defendants and the complainants was purely a civil matter which was already being heard before the Federal High Court in Lagos.
The EFCC counsel, Mr Aliu Adebayo, has however told the court that the EFCC needs more time to respond to the applications of the defence.
He therefore asked the court for an adjournment to enable the EFCC to gather some vital documents which would be attached to their application.
Presiding Judge, Justice Lateef Lawal-Akapo has expressed dissatisfaction with the conduct of the EFCC, noting that the agency’s excuse for an adjournment was flimsy and unpalatable.
He however adjourned the matter till the 3rd of March for hearing of arguments on the applications.