The Economic and Financial Crimes Commission (EFCC) has filed an appeal against a recent ruling? of the Federal High Court in Lagos which dismissed the corruption charge? levelled against the former Chief Executive Officer (CEO) of Intercontinental Bank (now absolved into Access Bank Plc), Erastus Akingbola.
In the Notice of Appeal filed before the Court of Appeal in Lagos by its lawyer, Mr Godwin Obla, the EFCC is asking the appellate court to set aside the verdict in its entirety? on the grounds that Justice Charles Archibong erred in law when he proceeded to dismiss the 26-count charge against the ex CEO without hearing from the anti-graft agency.
The EFCC has also filed an appeal at the Court of Appeal in Abuja, challenging the reprieve granted the former House of Representatives Committee Chairman on Power, Hon. Ndudi Elumelu by a Federal High Court in Abuja.
The commission had prosecuted Elumelu over a N5.2 billion fraud alongside his Senate counterpart, Sen. Nicholas Ugbane and 29 others over a 158-count charge preferred against them
On the appeal against Akingbola, the EFCC is asking the appellate court to hold? that Justice Archibong erred in law when on April 2, 2012 he “ proceeded to dismiss the 26-count charge filed against the respondent suo motu without affording the appellant the opportunity of being heard,”
According to the EFCC, decision of the judge“did not emanate from any of the applications pending before it” or a due trial of the charge.
The EFCC is asking the appellate court to further make an order remitting the case to the Chief Judge of the Federal High Court for re-assignment to any other judge for retrial on its merits.
“In coming to the conclusion to dismiss the charges, the learned trial judge did not invite any of the parties? to address him and failed to afford the appellant any opportunity to be heard on the matters taken into account by the learned trial judge to arrive at the his conclusion to dismiss the charges.
The order granted by the trial judge was not sought by any of the parties before him. The decision constituted a violation of the appellant’s right to fair hearing and is null and void.”?
The EFCC further accused Justice Archibong of bias, recklessness and unreasonableness in arriving at the decision to free Akingbola from the criminal charge, arguing that the decision of the judge was perversed in the circumstance.