by Charles Nwajagu, Esq
OUR attention has been drawn to the recent National Judicial Council’s decision suspending two Judges. We would not have been joining issues on this were it not for sponsored insinuations of possible inducement being inferred in the media against our client, who stood trial before one of the judges.
It is necessary at this point for purposes of clarity to recap for the re- cords the trial of our client as handled by Justice Charles Archibong (one of the affected Judges) in Suit No. FHC/L/443C/2009 between the Federal Republic of Nigeria (complainant) and Dr. Erastus B. O. Akingbola (defendant).
On February 18, 2011, after several adjournments, objection was raised to the Prosecution’s application to amend the charge for the 3rd time; that it is a ploy to overreach the Defence as it appeared the prosecution had no serious case to pursue. After listening to the arguments the Judge adjourned for ruling.
On the adjourned date, April 2, 2012, the Judge ruled in favour of the Prosecution that they could amend as many times as possible since he had not given his judgment. However, the Judge warned that he was allowing the amendment for the last time in order for prosecution to move forward.
The Judge then ordered that Dr. Akingbola’s plea should be taken as he was already in the dock. But surprisingly, the Prosecution counsel raised an objection saying that he was not ready to continue with the case as he had filed an appeal on another related case. The Judge in- sisted that Dr. Akingbola’s plea should be taken but the Prosecution bluntly refused to continue. At this point, the Judge took a brief recess and returned to his chamber.
On resumption, the Judge dismissed the charge and discharged our client since the Prosecution was not ready to accede or comply with a simple directive from the Judge that the defendant should take his plea; the game plan was that if the plea was not taken, the EFCC and their sponsors would have the opportunity to return him to their cell and detain him indefinitely.
From the foregoing, it is apparent that the Prosecution’s refusal to allow the plea of the defendant to be taken necessitated the Judge’s ruling.
All the campaign of calumny against Dr. Akingbola is being choreo- graphed by the same group that stole Intercontinental Bank PLC, wrote off their well-collaterised loans and shared the bank’s assets among their cronies. They are still desperately trying to blackmail our client against continuing with the court cases he had instituted against them, in order to redeem the bank.
It is clear that facts were being distorted in a desperate move to in- sinuate that Justice Archibong was induced to discharge our client on that particular day. Is it not curious that it is the Prosecution that will stop the defendant from taking his plea? How would the Prosecution’s interest have been jeopardised if the plea was taken that day? On the contrary, if the Judge had simply sentenced our client to a hundred years imprisonment that day, our client’s prosecutors would have hailed him as a great fighter of corruption.
What has become of the universally acclaimed and accepted legal proposition that any accused facing a criminal trial is presumed in- nocent until his guilt is established and proven by the Prosecution?
Never has there been so much media hype in Nigeria on any criminal trial before the law courts like the ones involving our client. Not even the treasonable felony trial of the early 1960s. The crudity of the Pros- ecution’s agenda reached a crescendo on February 25, 2013 when Dr. Akingbola voluntarily went to the EFCC office in Lagos to sign the register as part of his bail conditions in the last 30 months. In order to accomplish an orchestrated mischief, the EFCC detained him and instantly issued a press statement that he has been rearrested for court arraignment the following day.
So, why and how did he suddenly become such a security risk to be clamped into a cell overnight? Why was a simple court summons not issued to our client’s lawyers to appear in court? The reason for the EFCC action is just to portray Dr. Akingbola as a dangerous criminal that Justice Archibong let off the hook and the efficient EFCC team had recaptured and taken to court under armed guard to face justice.
Both the print and electronic media were immediately awash with this story from that evening and on the following day. Also out of mischief, EFCC attempted to link their planned arrest of our client with the NJC’s decision and the Federal Government’s ap- proval of same.
Now, while this drama is going on unabated and a Nigerian who start- ed a bank from a humble beginning and nurtured it to the Olympian heights employing over 20,000 Nigerians is being vilified and cruci- fied, fellow Nigerians are either enjoying the drama and media fables or looking the other way. The fact remains that not even Dr. Aking- bola’s bitterest enemies and foes can deny the fact that God used him to plant, build and nurture the bank.
Today, it is Dr. Akingbola, who says it will not be the turn of his tormentors and persecutors tomorrow? When shall we learn from history?
Issued on Dr. Erastus Akingbola’s Behalf by
CHARLES NWAjAGU ESq.
(Public Affairs Counsel)