Erastus Akingbola, a former Managing Director of Intercontinental Bank, said that it would be unfair if the Economic and Financial Crimes Commission (EFCC) was allowed to choose a judge in a? matter involving it.
He made the argument in a counter-affidavit to a motion filed by the EFCC in which the anti-graft body is seeking an order of the judge handling its suit against him, to disqualify himself.
The EFCC is prosecuting Akingbola at a Federal High Court, Lagos, on a 10-count charge of misuse of depositors’ funds, granting unsecured loans and abuse of office.
Akingbola, through his counsel,? Mr Felix Fagbohungbe (SAN), said that the EFCC’s motion was filed in bad faith and was an abuse of court process.
He said that the allegation of bias raised against the judge was in respect of another matter.
Counsel to EFCC, Mr Emmanuel Ukala (SAN), had told the court that his motion seeking the judge’s disqualification was based on the manner in which he conducted himself in a fundamental human right case filed by Akinbgola.
He said that the conduct of the judge gave the belief that he would be biased in the criminal case against Akingbola.
Ukala, however, asked the court for an adjournment to enable him to file his reply to the counter application filed by Akingbola, challenging his motion.
?“I was just served with the counter-affidavit this morning in court and in the interest of fair hearing, I will be asking for an adjournment to enable me to go through and reply accordingly,’’ he said.
Justice Charles Archibong, who is the trial judge, adjourned the case to Jan. 31, for parties to adopt their written addresses.
He ordered them to ensure that they had filed and served the necessary papers before then.
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