THE on-going trial of former Managing Director, Intercontinental Bank Plc, Erastus Akingbola, took a dramatic turn yesterday at a Federal High Court, Lagos, as President, Nigerian Bar Association, Joseph Daudu (SAN), walked out on the court in protest over the decision of the trial Judge, Charles Archibong, dismissing an application for stay of proceedings in the suit instituted by Akingbola for the enforcement of his fundamental human rights.
Daudu, who is representing the Economic and Financial Crimes Commission (EFCC) in the matter, had filed the stay of proceeding to enable the commission appeal an earlier order of the court directing the EFCC to immediately release Akingbola and one of his aides, Bayo Dada, from its custody and stay of all actions pending the determination of the application before the court.
Judge Archibong also declared that the arrest and detention of the former bank chief and his aides by the EFCC was unlawful, illegal, wrongful and unconstitutional and ordered that they be released from the commission’s custody with immediate effect.
Akingbola, who is already facing corruption and money laundering charges before Justice Archibong at the Federal High Court, Lagos, was re-arrested by the EFCC two weeks ago alongside Dada for allegedly stealing about N50 billion from Intercontinental Bank Plc.
The drama started when counsel to the former bank chief, Felix Fagbohungba, informed the court that the EFCC served him with an application for stay of proceedings yesterday at about 4.00 p.m. and he would need time to respond.
At that stage, Judge Archibong asked him if the Commission had complied with his order that his client should be released and Fagbohungba informed him that though the commission had been served with a copy of the order, it had so far refused to obey it.
The court then asked Daudu why the EFCC was yet to obey the order.
Responding, the NBA president submitted that the court could not go into that issue at the stage because it was the subject matter of the case, which was not ripe for hearing now.
According to him, “we have filed a motion for stay of proceedings because we have taken steps to exercise our right of appeal and we are appealing Your Lordship’s order.”
After listening to him, Judge Archibong dismissed the motion on grounds that it was misconceived. He also held that the EFCC was in contempt of court.
Immediately after the ruling, Daudu informed the court that he was no longer interested in the proceedings and then led other lawyers appearing with him, including another Senior Advocate of Nigeria, Kanyinsola Ajayi, out of the court.
But after the walkout, the court went ahead to listen to the fundamental human rights application filed by the embattled former bank chief and his aides and granted all their prayers.
The court declared that the arrest, detention, harassment and incarceration of Akingbola and Dada was a violation of their fundamental rights to dignity of human person, personal liberty and freedom of movement guaranteed by Section 34, 35, and 41 of the 1999 Constitution and Articles 5, 6, 12 of the African Charter on Human and People Rights.
The court further restrained the EFCC by itself “agents, servants, officers, privies or otherwise however from arresting and/or detaining the applicants in any other manner.”
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Drama as NBA president walks out of court in Akingbola's trial
Drama as NBA president walks out of court in Akingbola's trial
NigerianEye
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Thursday, May 19, 2011
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