Justice Lawal Akapo of the Lagos High Court sitting in Ikeja will on May 2, 2014, rule on an application filed by a former Managing Director of Intercontinental Bank (now Access Bank), Mr. Erastus Akingbola and his associate, Mr Bayo Dada challenging the jurisdiction of the court on a 22-count charge bordering on stealing and obtaining by false pretence, preferred against them by the Economic and Financial Crimes Commission, EFCC.

The ground for the application is the contention of the defendants that a state High Court lacked the jurisdiction to entertain the charge preferred against them. Counsels to Akingbola and Dada, Taiwo Osipitan, SAN and Wole Olanipekun, SAN, argued that only the Federal High Court is competent to handle the matter. They hinged their argument on an Appeal Court decision in the case of FRN vs Nwosu and therefore prayed the court to dismiss the case.

EFCC's counsel, Godwin Obla, SAN, however stressed that, “if you steal money, whether from bank, financial institution or from an individual, the State High Court has jurisdiction". According to Obla, "the jurisdiction is the same for the second defendant (Bayo Dada) who is charged under the Advanced Fee Fraud Act. The charge against the accused persons is clear, and it is stealing bank money".

On the legal authority cited by the defence team, Obla noted that, "this court is at liberty to distinguish Nwosu's case in this matter, because that case was decided on the basis of Eze vs FRN in 1982 which has been overturned and it is spent, prostate and worthless as the current position of the law is Eze vs FRN that was decided by the Supreme Court in 1987.and the court of Appeal cannot challenge the Supreme court as that will amount to rascality of the highest order".

After listening to the submissions of counsel, Justice Akapo adjourned the matter to May 2, 2014, for ruling on the consolidated applications.

Media & Publicity
2nd April, 2014