Speaker of the Lagos State House of Assembly, Hon. Adeyemi Ikuforiji, got a reprieve last week as Justice James Tsoho of the Federal High Court, sitting in Lagos, vacated his earlier bench warrant empowering the Economic and Financial Crimes Commission (EFCC) to arrest him and his personal assistant, Oyebode Alade Atoyebi.
Counsel to the EFCC, Mr. Godwin Obla, had sought and secured a warrant for his arrest due to his absence in court but his lawyer, Tayo Oyetibo (SAN), explained that the speaker was actually not aware of the proceedings which gave birth to the bench warrant.
Stating that the accused came to court voluntarily, Oyetubo said, “The purpose of bench warrant is to compel their appearance, but since they have come to court on their own, our proposal is that we are prepared to withdraw our motion against the order, while the accused will report to the Lagos office of the EFCC on Monday (December 19).”
Ugwuzor Adindu, Atoyebi’s lawyer aligned with Oyetibo’s submission. Responding, Obla said he had no objections to the application for the bench warrant to be vacated, stressing that he merely applied for it at the last adjourned date to compel the appearance of the accused in court. Trial judge in his ruling consequently vacated the bench warrant, ruling that January 17 2012 arraignment date subsists.
The action sent the crowded courtroom into a frenzy as members of the Lagos State House of Assembly and several members and chieftains of the Action Congress of Nigeria (ACN) including former Lagos Tourism Commissioner, Senator Tokunbo Afikuyomi, went wild with jubilation.
Ikuforiji’s tango with the law began in September, when he was arrested by the anti-graft police agency, over allegations bordering on perjury and stealing of over N7bn of state funds. Operatives of the Commission grilled him at their headquarters office in Wuse area of Abuja for days.
Reacting to the arrest, the Assembly debunked it through the Chief Press Secretary, Mr. Rotimi Adebayo as ‘mere rumours’, saying that Ikuforiji was neither arrested nor detained by the EFCC.
In the statement, Adebayo wrote, “We also wish to state that the rumour making the rounds that he was arrested and detained has no truth whatsoever in it and should therefore be discountenanced.”
However, the then Head of Media and Publicity had in the EFCC, Mr. Femi Babafemi,? then confirmed the arrest, noting that the Speaker was being interrogated by operatives over allegations of corruption and fraud.
With the lifting of the bench warrant, a reprieve of some sort has come his way, at least until January when the legal battle will resume, with his proper arraignment for the sundry charges.
It was however a double victory for the Epe born lawmaker when the Court of Appeal upheld his election.
The Court of Appeal, Lagos Division, two days after his reprieve from the EFCC, re-affirmed his election as a member representing Ikeja 1 Constituency while ruling on a petition filed by the candidate of the Peoples’ Democratic Party (PDP), Olajumoke Sawyer.
Presided over by Justice K.B. Akaahs, the court dismissed an appeal filed by Sawyer, against the declaration of Ikuforiji as winner of the election by the Independent National Electoral Commission, INEC affirming that the appellants (Sawyer and PDP) were not diligent in the prosecution of the appeal, and also indulges in undue delay.
.Justice Akaahs said, “The appellant’s application for extension of time was only filed this morning (Wednesday). There is undue delay in prosecuting the appeal; the appellant’s application for extension of time is hereby refused. I hold that the appellant did not file her brief within time, hence the appeal stands dismissed.”
The election petition tribunal presided over by Justice Maurice Eneji had initially dismissed Sawyer’s petition. As with the EFCC, Sawyer and PDP had alleged that information deposed to by Ikuforiji in Form C F001, which was submitted to INEC, contained lies, falsehood and deliberate misrepresentations.
But the tribunal upheld Ikuforiji’s preliminary objection, adding that falsification of documents, as alleged by the petitioner was a pre-election matter and, as such fell outside the jurisdiction of the election tribunal.
His return to the House was marred by crisis over whether he would return to the seat. Some other members both old and new were rooting for a new man to pilot the affairs of the Assembly, having been initially elected twice.
But by the time the election of a speaker was carried out, the 40- member Assembly comprised of 18 new and 22 old members all of which are members of ruling Action Congress of Nigeria (ACN) unanimously elected him to return.
The godfather behind his election to the house also ensures that he got the speakership.
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