16th May, 2011
The Economic and Financial Crimes Commission, EFCC, this morning formally docked the former Chief Executive Officer of Intercontinental Bank Plc, Erastus Akingbola and Bayo Dada before an Ikeja High Court over allegation of theft.
Akingbola’s wife Anthonia who was also named in the charge was however not present in court . She had been earlier declared wanted by the EFCC.
Arastus Akingbola and his three co defendants are alleged to have stolen huge sums of money belonging to Intercontinental Bank Plc.
When the case came up today, after two failed attempts, Akingbola refused to enter the dock as his lawyer, Mr. Felix Fagbongbo (SAN) told the court that since he had filed a motion challenging the jurisdiction of the court, his client cannot enter the dock.
He argued that the issue of jurisdiction is a proceedural matter and must first be considered by the court before his client can enter the dock and be properly arraigned.
EFCC lawyer, Kola Awodein (SAN) countered the argument, saying the motion filed by the defence counsel cannot prevent the court from docking the defendant.
He added that the motion borders on the charges brought against the defendants and not on the power of the court to dock them.
After listening to arguments of both parties, the presiding judge, Justice Habeeb Abiru ruled in favour of the prosecution and ordered the accused to enter the dock.
The charge was however not read to them as the judge further ruled that the motion challenging his jurisdiction to try the matter must be determined first.
He also turned down the request by the EFCC to remand the defendants in EFCC custody as the charges brought against them have not been read to them and their pleas taken.
The Judge subsequently adjourned the matter till 23 May 2011 to allow the defence to respond to the written address filed by the EFCC in response to the application on stay of proceedings.
By Henry Ojelu