Sebastine Adigwe, Afribank’s former managing director, on Wednesday challenged EFCC’s competence to prosecute him for allegedly stealing N87.5 billion from the bank.
Adigwe and five former Afribank directors – Osa Osunde, Isa Zailani, Chinedu Onyia, Henry Arogundade and Peter Ololo, are being prosecuted before Justice Olabisi Akinlade of an Ikeja High Court, Lagos.
The six accused persons, in separate preliminary objections, urged the court to dismiss the charges filed against them by the anti-graft body.
Adigwe’s counsel, Chief Anthony Idigbe (SAN), told the court that the EFCC had no authority to prosecute the accused persons.
Idigbe said that the prosecution of the accused persons had eroded Section 253 of the Administration of the Criminal Justice Law of Lagos State, 2007.
According to him, the EFCC, as a Federal Government agency, could not institute criminal charges, in its own name in a state offence within the state’s law.
Idigbe said that the action of the EFCC was a gross manipulation and abuse of the criminal procedure law.
He added that only the Attorney-General of Lagos State had the power to delegate his power in a criminal case.
In her submission, EFCC prosecutor Kadijat Yusuf opposed the defendant, saying that the enabling act of the agency expressly conferred on it the powers to institute criminal proceedings and to prosecute economic crimes.
Yusuf said: “The power of the Attorney-General of Federation or that of a state is not exclusive. Any other authority can competently prosecute.
The matter was adjourned to Jan. 23, 2012 for further hearing.