Wednesday, May 30, 2012

N47.1bn Theft: You Have A Case To Answer, Court Tells Akingbola

A Lagos High Court in Ikeja on Wednesday overruled the no case submission filed by the former Managing Director of Intercontinental Bank PLC, Dr. Erastus Akingbola and a former Director of the Bank, Bayo Dada in their ongoing trial for an alleged N47.1 billion theft.Akingbola and Dada had through their counsel, Deji Sasegbon (SAN) on Monday argued in their no case submission that the totality of the evidence brought by the EFCC did not link them to all the counts of the charge preferred against them.

The defendants asked for an order acquitting and discharging them.

But Justice Habeeb Abiru while ruling on the no case submission held that "the prosecution provided evidence that shows a definitive nexus between the defendants and the alleged offences. It connects the defendants to the alleged offences."

Justice Abiru said although the defence presented a painstaking analysis of the evidence of the prosecution, at the level of a no case submission "a trial court is not supposed to analyse the evidence of the prosecution. The trial court is to look at whether a prima facie case has been made."

The trial judge pronounced: "The no case submission is overruled and the defendants are called upon to open their defence."

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