
Former Managing Director of Intercontinental Bank Plc, Mr. Erastus Akingbola, has filed a fresh preliminary objection against the N47.1 billion theft charges preferred against him by the Economic and Financial Crimes Commission (EFCC).
Akingbola in two separate notices of preliminary of objections filed by his counsel, Chief Wole Olanipekun (SAN) before Justice Lateef Lawal-Akapo, challenged the jurisdiction of the Lagos High Court to entertain the theft charge.
The former bank chief is standing trial alongside his associate, Bayo Dada, for allegedly stealing money belonging to the bank.
Dada also filed a similar application before the court.
At yesterday's proceedings, Olanipekun informed the court about the applications, adding that they had been served on the EFCC.
According to him, since the matter is starting de novo (afresh), it is better for the applications to be taken before any further development.
Olanipekun is challenging the court's jurisdiction on the grounds that there is a similar charge involving Akingbola and the EFCC, which is currently pending before the Federal High Court, Lagos.
He argued that the main witnesses listed in the proof of evidence at the Federal High Court are the same witnesses also listed in the proof of evidence before this court.
According to him, the subject matter of the alleged offences relates to banking operations and operations of capital issues, which fell under the jurisdiction of the Federal High Court.
Responding, counsel to EFCC, Emmanuel Ukala (SAN), said the prosecution was served with the two motions, to which they had filed a counter affidavit and a written address.
He urged the court to keep the applications in abeyance, saying they should not be allowed to delay the prosecution’s case.
Ukala further argued that the applications offend Section 262 of the Administration of Criminal Justice Law of Lagos State 2011 which provides for speedy dispensation of criminal matters.
Justice Lawal-Akapo in his ruling, opted for hearing of the applications before further development on the matter.
The judge however, directed that the applications should be consolidated and fixed April 2 for hearing of arguments by the parties.
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