18 minutes ago

http://www.thenationonlineng.net/2011/index.php/business/41877-court-discharges-akingbola-of-money-laundering-charges.html

A Federal High Court in Lagos has struck out a 26-count charge of money laundering filed against the former Group Managing Director of the defunct Intercontinental Bank Plc Dr Erastus Akingbola by the Economic and Financial Crimes Commission (EFCC).

Justice Charles Achibong, in a ruling yesterday, discharged Akingbola of the charge on the basis that the prosecution team comprising five Senior Advocates of Nigeria was not diligent in handling the case.

The noose is, however, not totally off Akingbola’s neck as his trial before the Lagos High Court, Ikeja for alleged stealing is still on.

The judge also barred the lawyers in the prosecution team from appearing before the court or another judge of the Federal High Court in respect of the case because of what he described as professional incompetence.

The judge, who described the prosecution team as a drain on public purse, directed the Attorney General of the Federation (AGF) and Minister of Justice to "disband /sack/debrief" it for its conducts, amounting to serious abuse of court process and being incompetent in the prosecution of the case.

The judge observed that the prosecution team is "a drain in the public purse, a fact the AGF should be mindful of now, if he was not before. This prosecution team had chosen to pursue a campaign to scandalise the court , which amounts to serious and professional incompetence in the prosecution of the accused."

He added: "This prosecution team or any part of it shall not be given further audience in this court in relation to the charges against the accused either before this presiding judge or any other judge of the Federal High Court, for the reason, I have given in the foregoing.

"Furthermore, I take judicial notice that the accused herein is presently facing charges before the Lagos High Court, emanating from his tenure as the Managing Director and Chief Executive Officer of the Intercontinental Bank Plc; the AGF may wish to regain control of this process and his untrammeled right to prosecute the accused in another charge he chooses before any appropriate court as he can, of course, do so at any time of his choosing.

"Meanwhile, the prosecuting team presently employed, indulging in professional incompetence to the extreme had been unmindful of the accused’s right to have the case against him clearly stated. They have been dismissive of his right to a ‘speedy’ trial, which in reality should be the credible procedure.

"I, therefore, dismiss the charges amended or otherwise for this incompetent and abusive prosecuting team. I discharge the accused accordingly and leave the AGF to consider his options. This enrolled order shall be served to the AGF and the prosecution team.

"I shall be referring the conduct of the learned senior advocates that led the prosecuting team to the Legal Practitioners Privileges Committee (LPPC) for further consideration and determination of the issues raised.

"The record of this proceedings shall be forwarded to the AGF and the LLPC and this proceedings is at its end."

The court’s position was informed by the reluctance of the prosecution, represented yesterday by Godwin Obla, to proceed with the case after the court ruled, granting its request to amend the charge against Akingbola. The amendment was the third since the case was instituted in 2009.

Meanwhile, Obla has described the decision of the Federal High Court, Lagos discharging Akingbola as "judicial dictatorship."

Obla in a telephone interview with The Nation newspaper yesterday said Justice Charles Achibong wrongly applied his court’s discretionary powers by granting a request not made by the accused person.

He also described as unfair the judge’s reference to the conduct of lawyers in the prosecution team even when they were not before the court.

The lawyer argued that the issues decided by the court and on which basis it discharged Akingbola was not part of the court’s business on Monday. He said the business of the day was for the court to rule on whether or not the prosecution could amend the charge against the accused person.

"The Judge after reviewing the case and its history held that the prosecution was within its powers to amend the charge even though he had his reservations about the way it was done," he said.