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N47B Fraud Charge: Court
Orders Akingbola To Take His Plea
Newsdiaryonline Mon May
16,2011
A
Lagos state high
court has ordered former managing
director of Intercontinental Bank Plc Mr. Erastus
Akingbola to take his plea in a fresh 29 count charge filed
against him by the Economic and Financial Crimes Commission,
EFCC for theft.
Prior to the court order,
both Akingbola and Mr. Bayo Dada, a former director of the bank,
who appeared before Justice Habeeb Abiru failed to take their
plea to the fresh charges following protest by the defence
counsel who drew the court’s attention to a pending application
for stay of proceedings.
When the case came up on
Monday May 16, Akingbola’s lead counsel, Chief O .
Fagbohungbe, SAN objected to his client being arraigned on the
ground that there was a pending application for stay of
proceedings before the court. He stated that the
application must first be heard as it borders on the competence
of the trial, pointing out that the charges for which his
clients are to be arraigned are similar to the ones they are
currently facing before the Federal
High Court. “It is a procedural issue, defendants are
not supposed to be here at all, prosecution cannot arraign the
defendants now.’ Fagbohungbe submitted.
But the prosecution led by
Mr. Kemi Phinhero ,SAN countered. He said it was wrong for the
defence counsel to oppose the formal arraignment of the accused
persons after the trial judge had ordered them to enter the
dock. “My Lord, he is not challenging the jurisdiction of your
court to entertain the matter, instead, he recognizes the
jurisdiction of court. My Lord, he raised the objection
after you have ordered that the defendants should enter the
dock”, Phinhero said.
Justice Abiru, after
listening to the brief arguments by counsel, asked Akingbola and
Dada , who stood while the argument lasted, to enter the dock
so that the charges could be read to them.
Just as the charge was to
be read to them, their counsel again reminded the Court
that there was a pending application for stay of proceedings
before the court and that the prosecution had filed a written
address and that he intends to also file a written counter
address. At this juncture the court adjourned proceeding s to
May 23.
Meanwhile the
arraignment of the wife of the former managing director of Bank
PHB, Mr. Francis Atuche, Mrs. Elizabeth Atuche is scheduled to
hold Tuesday, May 17 at the Ikeja High Court.
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