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Akingbola Opposes EFCC’s Attempt To Tender Evidence Against Him
Akingbola, Managing Director of the defunct Intercontinental Bank Plc, on Friday opposed the move by the Economic and Financial Crimes Commission (EFCC) to tender statements of accounts from Access Bank.
The accounts allegedly linked Akingbola to the alleged fraud.
Through his lawyer, Wole Olanipekun (SAN), the embattled former MD said the statements could not be tendered because they were freshly sourced.
This, according to the senior advocate, contravenes proceedings for criminal trials that mandate all investigations in a criminal case to be concluded before the case is filed in a court of competent jurisdiction.
The 10-year-old trial witnessed a heated argument between the prosecuting counsel, Rotimi Jacobs (SAN), and the defence team.
The defence team also contended that the anti-graft agency could not substitute a witness in the case.
Akingbola’s 10-year-old trial reopened last month, after it had journeyed all the way to the Supreme Court and back.
He was re-arraigned on March 13, 2019 on further amended 22 counts, wherein he was accused of using N179bn belonging to the defunct Intercontinental Bank for “fictitious transactions.”
Among other allegations, the EFCC also claimed that Akingbola granted loans to a number of companies without adequate securities.
But the ex-bank chief pleaded not guilty.
At Friday’s proceedings before Justice Mojisola Olatoregun, the prosecution called its third witness, Uyoyou Ewhe, an Access Bank official, and sought to tender through him the statements of certain accounts opened in Access Bank.
Jacobs told the court that he settled for Ewhe to tender the documents “because the intended witness who was to tender the documents, we were told, has left the bank and is no longer in the country.”
But the lead defence counsel, Olanipekun, opposed him, contending that the documents were only freshly sourced.
“The prosecution was sourcing for evidence two days ago in a trial that started 10 years ago,” Olanipekun said.
Citing the case of Enahoro and the Queen of 1965, Olanipekun further contended that the prosecution could not substitute a witness.
“You cannot substitute a witness in a criminal proceeding; substituting a witness amounts to sourcing for evidence contrary to the decision of the Supreme Court in the celebrated case of Enahoro against the Queen of 1965.
“If you don’t have your witnesses, you don’t have your witnesses; you cannot substitute witnesses,” he said.
He also urged the judge not to admit the documents on the basis that they emanated from Access Bank, which he said was an interested party in Akingbola’s trial.
“Section 83 of the Evidence Act prohibits admissibility of this type of document. We have addressed Your Lordship on the interest of Access Bank in this matter, which is undisguised.
“This witness, the maker of this document, is an official of Access Bank. Put succinctly, this document is an Access Bank document. And I daresay, the documents were made as a result of evidence already given, may be to patch up the evidence; it is a natural consequence which the court is called upon to assume.”
But countering Olanipekun, Jacobs said, “The question of substituting a witness does not arise, and even if it arose, the prosecution is not limited to the list of witnesses in the proof of evidence originally filed.”
He said in the case of Enahoro, which Olanipekun cited, “the Supreme Court did not decided that witnesses cannot be changed.”
As to the argument that the documents sought to be tendered were freshly made, Jacobs said by virtue of the Administration of Criminal Justice Act, the prosecution was at liberty to file additional evidence any time before judgment.
He added that the documents were old statement of accounts of 1990.
“It is just the letter covering the documents and the certificate showing compliance that are new. It is new bottle with the old wine,” Jacobs said, stressing that the documents were relevant to the case.
After hearing both sides, Justice Olatoregun adjourned till April 18 for ruling.
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Opeifa request for the state government to assist the Railway Police and Otti, thanks Tinubu for picking the best material to rewrite Nigeria Railway history
Gov. Otti describes Opeifa as a thorough-bred professional ready to rewrite Nigeria Railway history
Lauds President Tinubu for picking the best material to reposition Nigeria’s oldest corporation
A deserving commendation came the way of the Managing Director of the Nigerian Railway Corporation, Dr Kayode Opeifa, as the Abia State Governor, His Excellency, Dr. Alex Otti, described him as an exceptional professional, most suitable to lead the Nigeria’s oldest surviving public corporation.
Governor Otti spoke on Wednesday, at the Government House in Abia State, during a business visit by the MD/CEO of the Nigerian Railway Corporation, as part of his familiarization tour of the Eastern District of the Corporation.
According to Governor Otti: “I have had so many engagements with past leaders of the Nigerian Railway Corporation, you are clearly different and knows the job”. He thanked President Bola Ahmed Tinubu for appointing Dr. Opeifa to lead the Nigerian Railway Corporation, expressing assurance at his ability to deliver.
He thanked the MD/CEO for promising to synergize with the Federal Ministry of Transportation, and the State Government to see that the transformation of the transportation system in Umuahia is achieved. According to the Governor, “Umuahia Bus terminal is progressing rapidly and we felt that it is important to replicate what we have in Paignton, United Kingdom in Umuahia, by linking the train station with the Terminal to enhance intermodal transportation services.
The Governor stated that he was very happy to see that the MD/CEO is committed to taking the track from Aba to Enugu and even beyond. He recalled, with nostalgia how the train had served the people of the state and regretted the downward trends of rain services across the entire South East.
On the MD/CEO’s request for the state government to assist the Railway Police in the state, Governor Otti promised that his government will provide mobility for Aba Railway Police.
He added that the state government is always ready to support the Federal Government institutions as users of such federal institutions are people of the state, adding that his administration cannot differentiate between federal and state government workers.
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Airlin Advocacy Commissions Jos Office, Targets 7m Members By Next Elections,Says Mohammed Gamawa
During the inauguration ceremony, the National Chairman of Airlin, Mohammed Gamawa, delivered a keynote address, emphasizing the organization’s commitment to educating Nigerians on their civic rights and responsibilities.
According to Gamawa, Airlin aims to bridge the gap between citizens and the principles of the rule of law by fostering a society where people understand not only their rights but also what is expected of them by the country.
“Our goal is to foster interaction among Nigerians, promote respect for the rule of law, and ensure citizens know their rights and civic responsibilities — such as voting to elect future leaders not based on materialism but based on integrity and competence,” Gamawa stated.
He added that understanding and exercising one’s franchise, especially during elections, must go hand in hand with being law-abiding and fully aware of civil responsibilities.
As part of its mission, Airlin is currently targeting 19 states in Northern Nigeria, with Jos becoming the 15th state to be commissioned.
The ceremony also featured the appointment of state and local government coordinators who will help drive the organization’s grassroots advocacy efforts.
With a current membership base of 2.1 million Nigerians aged 18 and above, Airlin projects a significant growth trajectory, aiming to reach 7 million members before the next general elections.
Senior Special Adviser to the President on Information and Strategy Bayo Onanuga has dismissed a report of a United State (U.S.) court ordering two law enforcement agencies to release information on President Bola Ahmed Tinubu during a “purported federal investigation in the 1990s.”
In a tweet on his verified X handle, Onanuga told those agitated by the directive that there would be nothing revealing in the anticipated report.
In an April 9 ruling, District Court for the District of Columbia Judge, Beryl Howell ordered the Department of State, Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Drug Enforcement Administration (DEA) and the Central Intelligence Agency (CIA) to release the information to Mr. Allan Greenspan.
The information being sought by Greenspan was classified as “confidential information” generated during a “purported federal investigation in the 1990s.”
Judge Howell said that protecting the information from public disclosure “is neither logical nor plausible.”
Commenting on the ruling, Onanuga said: “There is nothing new to be revealed. The report by Agent Moss of the FBI and the DEA report have been in the public space for more than 30 years. The reports did not indict the Nigerian leader”, Onanuga said yesterday.
He said that counsel to the President have been “examining the ruling”.
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