FORMER Managing Director of Intercontinental Bank Plc, Mr. Erastus Akingbola on Tuesday insisted that he should be tried afresh for allegedly stealing the bank’s N47bn.
The accused at his re-arraignment before Justice Adeniyi Onigbanjo, at a Lagos High Court, Ikeja, rejected the Economic and Financial Crimes Commission’s call to adopt the proceedings of the aborted trial.
The stalling of his previous trial along with General Manager, Tropics Securities Ltd, Mr. Bayo Dada, last November, followed the elevation of the trial judge Justice Habeeb Abiru, to the Court of Appeal.
Before then the parties were about to exchange final addresses.
However, Onigbanjo on Tuesday, after the accused took their plea, urged the parties to look into the possibility of adopting the proceedings of the aborted trial to save time.
EFCC’s counsel, Mr. Godwin Obla, consented to the suggestion, saying he would look out for provisions of the Evidence Act backing such procedure.
“Whether parties approve it or not does not matter, My Lord is bound by the law,” Obla said.
Akingbola’s counsel, Mike Igbokwe (SAN), opposed it, arguing that there were new set of defence lawyers handling the matter.
Akingbola’s new defence team led by Chief Wole Olanipekun (SAN), replaces the former one led by three Senior Advocates of Nigeria – Felix Fagbohungbe, Deji Sasegbon and Rickey Tarfa.
Dada’s counsel, Prof. Taiwo Osipitan (SAN), also rejected the call, contending that the judicial principle was to start matters of such nature afresh.
Osipitan said, “It is obvious that we are starting de novo (afresh). We have adversary trial system in the country whereby evidence is taken orally.
“My Lord (you) did not have the opportunity to look at the demeanour of the witnesses and the defendants while giving evidence, and that is crucial to the criminal trial.”
The judge subsequently fixed July 10, 15 to 18 for trial.
The matter is different from the charges struck out by the Federal High Court, Lagos over which President Goodluck Jonathan on Monday approved the compulsory retirement of Justice Charles Archibong.
He granted the defence lawyer’s request, which EFCC did not oppose, that the accused to continue to enjoy the bail granted them on June 13, 2011 by Abiru after they were first arraigned.
Akingbola and Dada, again, on Tuesday, pleaded not guilty to the 22 counts of stealing and obtaining by false pretence.
EFCC accused them of stealing and obtaining by false pretence, about N47.1bn belonging to Intercontinental Bank (now Access Bank Plc).
Akingbola allegedly stole the money in 2009 while he was the bank’s MD.
Dada, as the General Manager of Tropics Securities, allegedly fraudulently obtained part of the money under false pretence that the bank was indebted to his firm.
EFCC alleged that Dada’s claim was fraudulent.
The offences are contrary to Section 390(7) of the Criminal Code Law Cap 17 Laws of Lagos State and Section 1(1)(a) of Advanced Fee Fraud and Other Related Offences Act.