Appeal Court frees Erastus Akingbola of N47.5billion theft charge | Welcome to Linda Ikeji's Blog

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Friday, 2 January 2015

Appeal Court frees Erastus Akingbola of N47.5billion theft charge

According to a report by PM News, a Court of Appeal sitting in Lagos has quashed the 22-count charge brought against the former Managing Director of Intercontinental Bank Plc, Dr. Erastus Akingbola by the Economic and Financial Crimes Commission (EFCC). The EFCC had alleged that Akingbola stole N47.5 billion belonging to the bank. The report below...
Ruling on Akingbola’s application on jurisdiction, the court presided over by Justice Amina Augie held that the High Court of Lagos State presided over by Justice Lateef Lawal-Akapo lacked jurisdiction to entertain the suit filed against him by the commission
Justice Augie said it amounted to miscarriage of justice for the lower court to have dismissed Akingbola’s application challenging its jurisdiction on the matter.
“The appeal is meritorious and allowed,” she declared.
“I am convinced that the lower court refused to align itself with the decision of this court in Nwosu’s case,” she further held.
Akingbola and his co-defendant, Bayo Dada, had filed two separate applications challenging the jurisdiction of the court to hear the 22-count charge filed against them by the EFCC.
But, the lower court, in its ruling on 2 May, 2014 dismissed their applications.
Justice Lawal-Akapo had then held that the charges preferred against the defendants were within its competence and jurisdiction to determine.
Dissatisfied with the ruling of the high court, Akingbola and Dada approached the Appeal Court, praying that the trial court’s decision be set aside.
Delievering the judgement, Justice Augie declared that the lower court fell into serious error by not abiding by the decision on Nwosu’s case adding, “it is most unfair and is an injustice”.
According to her, the lower court has no option than to follow the decision of the higher court on Nwosu’s case.
“The point must be made that the decision of this court in Nwosu’s case was based on proof of evidence.”
The judge noted that all the charges against the defendants arose out of capital market transactions.
“Only federal high court is conferred with the exclusive jurisdiction to try cases of capital market transaction,” she stressed.
The appellate court held that the lower court owes it a duty to compare and contrast the documents cited by parties.
“It is its duty to examine materials brought before him. It is the role of the judge to do justice in adjudicating all the cases brought before him.
“One sided justice would amount to injustice and favouring one side.
“The proof of evidence was there but the trial judge at the lower court accused the defendants of not furnishing him with the documents.
“He has failed in his duty.”
Justice Augie further held that the appeal filed by the defendants has nothing to do with evidence, noting that the lower court failed to go through argument canvassed before it assumed jurisdiction on the matter.
She emphasised that the issue of jurisdiction should not have been toyed with by the lower court.
“I agree with the appellant that the lower court ought to have gone through the proof of evidence.
“There is no way a charge of stealing can stand without going through the proof of evidence,” she declared.

Culled from PM News

99 comments:

Unknown said...

Congratulations to him.

Unknown said...

Hmmmm!!! Smh

Olusoji said...

Free at last he would be very happy

Unknown said...

Linda u tooo stubborn ooo.u still dey beef my paddy abi (olamide) change oooooooooo

Wölfe Media said...

Do they ever convict them?

Unknown said...

Nigerian security agencies and their continuous hunching of cases,too nad.

Unknown said...

If he goes to UK court with same offence and charges, he will be sentenced.
$.
$.
@Mr Endowed via Lumia phone

Unknown said...

Maybe, he didn't commit any offence shaaa!!
$.
$.
@Mr Endowed via Lumia phone

Bishop Dammy said...

I can imagine e what mist people comment would be on this. Anyways let's leave it to God. It is well with you sire. Matt 7:1 @Bishop_Dammy

Unknown said...

I know that the must free him bcus the high of the offence the lower the punishment an charge chai

Unknown said...

I know that the must free him bcus the high of the offence the lower the punishment an charge chai

Unknown said...

I know that the must free him bcus the high of the offence the lower the punishment an charge chai

Unknown said...

Good for him if he is guiltless.... As usual post my comment if u wish

Unknown said...

Bribery and corruption at display. The same way James was free only to be charged in UK

Unknown said...

Always the same process; the high placed individual is accused,the charges are filed bt either wrongly or in an 'imcompitent-to-hear-d-case' court,then follows d issue of jurisdiction n as in so many cases,d case is quashed n he/she walks free.A pity

Unknown said...

Congrats! Pastor Erastus Akingbola.

***ECHOMASS***

SANDRA said...

Hmmmm ok oo

prittyog said...

Is only in nigeria,your free to steal and go free

»prittyog«

Unknown said...

Just passing......

Unknown said...

Corruption!!!!

Unknown said...

I am happy for him.

Unknown said...

Sanusi is no longer in power.

Unknown said...

Na so afta settlement......

Unknown said...

We know he did all he was charged for.

Unknown said...

Corruption!!!!!!!!!!!

Unknown said...

Typical Naija Judiciary

Unknown said...

He should count himself lucky

Unknown said...

Na Naija we dey.

Anonymous said...

By the time Jonathan vacates his seat as president, corruption or mere stealing would have damaged the country beyond repair

Unknown said...

It's only in Nigeria that you can do such thing and get away with it

Unknown said...

EFCC don take settlement

Unknown said...

Korokoro corruption!! Spits!!

Unknown said...

Hmmmm. Derisgodoooo

CHERRY said...

Nice!

Unknown said...

Hmmm...

Unknown said...

Bloody corrupt Nigerians,can you Imagine the amount of money involved.and yet the case is freed.

sassylisle said...

Ewoooo onye ori

Toronto Finest said...

Nigeria my country. ..a place where a criminal work freely and innocents rotten in jail... I hail oo

Unknown said...

Lucky him

NaijaDeltaBabe said...

Thank God for him o

princess said...

Ok

Anonymous said...

Truly Stealing is not corruption in jonathan's regime

Unknown said...

This is no news@all.

#Royal Priesthood#

Anonymous said...

Okay

Anonymous said...

Hmm, I smell bros Jona some whr. I feel dis man will b or has been instrumental to him. My entitled opinion.

Anonymous said...

Hmm, I smell bros Jona some whr. I feel dis man will b or has been instrumental to him. My entitled opinion.

Unknown said...

The nigerian judiciary has started again....
It is finished !!!

Unknown said...

The nigerian judiciary has started again....
It is finished !!!

Unknown said...

Sometimes I wonder if EFCC are still fighting crime or encouraging it...why press charges against him at first...
¤
¤¤¤GUTS OVER FEAR¤¤¤
¤
¤¤¤QUEENMAYA¤¤¤

Unknown said...

Naija my country! Where everything and nothing works!

ary said...

All part of GEJ's reformation agenda

Anonymous said...

Atuche to be freed next...shame to sanusi mallam n its boko policies...

Maye73 said...

Thank God he's finally free.he's gone through so much pain physically,spiritually and health wise.

Unknown said...

So they couldn't find evidence. It's alright

Unknown said...

So they couldn't find evidence. It's alright

kush baba said...

Congratulations to him!

Unknown said...

Na wa ooo

Unknown said...

MR EDDY said.
If na poor man steal. he would be snapped sitting on the ground with injuries inflicted on him. But as per say na rich man thief money na only grammar we go dey hear. Nigeria my country.
^
^
^™THAT EDO BOY.COM~wishes u merry Christmas and a happy new year.

Unknown said...

MR EDDY said.
If na poor man steal. he would be snapped sitting on the ground with injuries inflicted on him. But as per say na rich man thief money na only grammar we go dey hear. Nigeria my country.
^
^
^™THAT EDO BOY.COM~wishes u merry Christmas and a happy new year.

Anonymous said...

N just recently a man was sentenced to death for stealing a chicken.....Lord help us.

Anonymous said...

It's obviously clear that most of the people on this Blog do not have an inkling of what law is and in effect the term "jurisdiction"!!! The fact that he has 'won' his jurisdiction plea does not been he has 'won' the case against him per the substantive matter of 'stealing' N45.7 billion!! #UnaNoSabiLaw

Blackberryhub Stores Ikeja said...

I hope buhari with his strict disciplinarian policies would come and rid this nation of corruption and reduce the amount of our wealth that is being squandered and buried in banana island ...and foreign banks ... stealing stealing stealing everyday ....

Unknown said...

After enuf bribery, they had to let him go. Okay o God is watching u

Unknown said...

I weep for Nigeria my country...datz why if u want to steal in this country, steal plenty of money so that you can use atleast half of it to settle the judiciary..am very sure that a lot of people were rendered useless and hopeless because of the money he stole...my hope is in God..

Unknown said...

Ur english sucks...

Anonymous said...

Sometimes I wonder why graduates cannot read!!!!!!!
The article says "Justice Amina Augie held that the High Court of Lagos State presided over by Justice Lateef Lawal-Akapo lacked jurisdiction to entertain the suit filed against him by the commission"

It doesn't state that the charges have been squashed, just a case of jurisdiction (Authority to preside over a matter)


Read people Read!!!!!!!!!!!

Sugarvie said...

Am not surprised. Looters and criminals walk freely on the streets of Naija all in the name of being affluent.



**SUGAR**

Unknown said...

Congratulations for wht?

He has b free all dis while.

D court process is mere formalities and fooling themsef.

#Royal Priesthood#

Unknown said...

Pls let spare oursef all dis hypocritical words of congratulations.

#Royal Priesthood#

Anonymous said...

Interesting twist!Justice ruled and overuled,we keep our fingers crossed and watch as the events unfold in the future.question,does he mean,he didn't commit the alledged crime?....

Unknown said...

How them go first jail am, if e give judge One billion naira, I pray say e no go free am.

Na only those who thief small thing, da go jail for naija.

We keep say EFCC da corrupt too, na court the wahala da.

May God help our country

~FromOutOfThisWorld ~

Reeshahr said...

That naija for us.

Unknown said...

I "CAN'T imagine what MOST... "S" missing in ur spelling of comment since it plural...

Mind u "Anyway" doesn't go wit plural form.

It those frm Ghana dat spell sir as sire. I stand to b corrected pls.

Dis quite unlike u wit all dis spelling errors. U lost ur vibe and focus. Hope all is well wit u?

Don't b under any pressure b4 sending ur comments. U r not here to please any one wit ur comments my brother. Just b ursef and b real.

Get it right pls bcos u got a lot of admirers lik me and others dat specifically tak note of ur comments.

All d same, dis d fun in LIB ~ our errors and mistakes. Even Linda is guilty of dis too.

Pls check if I made any mistake in my oyingbo ooo...Lolzzzzzzz.

Cheers.

#Royal Priesthood#

Linda Fashion Blog said...

Welcome to Nigeria.

Unknown said...

I read ur comment again...

I just smiled to mysef.

It lik am reading ur mind...GET IT RIGHT PLS.

God bless u.

#Royal Priesthood#

Unknown said...

Any naigerian wu tinks naija's gon get any better can as well aspire to be d president of the US **DOPEY SAID SO**

Unknown said...

Any naigerian wu tinks naija's gon get any better can as well aspire to be d president of the US **DOPEY SAID SO**

Anonymous said...

All these Heir Apparent Guys!!

KC said...

He is free at last

joystickextender@gmail.com said...

na wah o..anyways good for him i hope they release he's seized properties to

Meanwhile email me to knw how you can enlarge your joystick :)

Unknown said...

Any naigerian wu tinks naija's gon get any better can as well aspire to be d president of the US **DOPEY SAID SO**

Anonymous said...

@ bishop dammy, am a believer, buh putting everything in d hands of God is one of the course of africa's backwardness. U shd try and give scientific explanation to matas arising. *Lawrider*

Anonymous said...

The title and content are two different things. He's not free, only that the Lagos court cannot try him only a federal court can try him.

Unknown said...

Na dem sabi oh

Unknown said...

Lol, no evidence was found

PRETTY GIRL said...

Ofcourse they'll free him after he must've bribed them#smh

Unknown said...

na naija we dey

Unknown said...

the man must be a happy man at last, but looking at it critically, efcc musnt be wrong though the figure might not be too certain or accurate but at all at all the man for return some

Unknown said...

Talk about fighting corruption. The government of the day is truly serious.

Mastermind said...

Finally he is vindicated. May he continue his good deeds, touch the lives of men positively.

Anonymous said...

The guys a thief still needs further disgrace. Ole Oshi

peroo said...

before, he need to be free while jona is putting together anti-corruption plan. wot a useless government. he may still contest for 2015 election sef.. if Alamieyeseigha after disgraced nigeria is contesting for senate wot is not possible again in dis clueless government?

Unknown said...

Time wasting tactics...corruption enabling environment guaranteed by a lax judiciary

Unknown said...

hmmmm naija

Anonymous said...

Hmmm....2015 will be a great year in the banking Industry. Now I believe Erastus can now go over and start up the case against the unlawful takeover of Intercontinental Bank by Access! I dey watch o



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ebonyz... said...

Hmmm

Subomi said...

wao....after soo long

Anonymous said...

I see so many idiots in here. First of all, is it even possible for a man to steal from the bank he started himself. You people should grow up! Grow up! You just saw the money and y'all are shouting. I know the time is near for him to have his bank back from the access boys ruled by the thief(sanusi). Nonsense people. How can you even say access bank is stronger than intercontinental. You should try to make findings before coming here to open your mouth to say nonsense. You think everybody is corrupt? Stupid people trying to rob hardworking ones

Unknown said...

Victory@last!!!! Congrats Sir. Agreed with Anonymous....Most of them just posted what they like, not knowing how it feels to be accused wrongly. You worked so hard to get to a great height and some dumb head people because of their jealousy just came out from no where to challenge you of how you make/get your money. And for the wrong accusers am sure the same judgement will be done unto you when the right time comes.

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