The Lagos Division of the Court of Appeal on Friday ordered the retrial of the former Managing Director of the defunct Intercontinental Bank, Mr. Erastus Akingbola, on the criminal charges preferred against him by the Economic and Financial Crimes Commission (EFCC) at the Federal High Court in Lagos.
Justice Charles Archibong of the Federal High Court had, in April 2012, set Akingbola free from the 26-count charge for lack of diligent prosecution.
Consequent upon an appeal filed against the decision, the Court of Appeal in a unanimous decision, held that the lower court’s ruling was a nullity, and that the case be remitted to the lower court before another judge for accelerated hearing.
In a judgment read by Justice Y. B. Nimpap on behalf of Justice Amina Augie, who was unavoidably absent, the court held that any bystander who watched the proceedings that necessitated the appeal, cannot possibly come to a conclusion that there was fair hearing.
While noting that the court must decide on the merit of every application before it, the judge observed that it could not be said that the prosecution was not ready to move its application for stay of proceedings on the day that the charges were dismissed.
Referring to Justice Archibong, who had long been compulsorily retired from the bench partly on account of the manner he handled the case, the appellate court noted that a judge must have a sound basis for any judgment, as a judgment cannot be made in vacuum.
In giving a judicial nod to the famous quote of Socrates on the four virtues that a judge must possess: to hear courteously, to answer wisely, to consider soberly, and to decide impartially, the court held that Justice Archibong overreacted in his state of anger and fell short of the composure, decorum and standard expected of judges in the discharge of their judicial duties.
In the appeal argued by Dr. K.U.K. Ekwueme from the law firm of Olaniwun Ajayi LP, the court held: “A community of an angry people is a danger-centre; a judge must ensure that his court is not a danger-centre in order not to depart from administering justice.”
Justice Archibong, who was visibly angry with the frequent adjournments of the case on the request of the prosecution, in his ruling in April 2012, did not only dismiss and discharge Akingbola from the financial impropriety accusation, but also accused the team of the five Senior Advocates of Nigeria (SAN) of indulging in professional incompetence in the way and manner they handled the case.
He also accused the team of being a drain to the public purse, and directed the Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke, to disband them.
“This prosecution team or any part of it shall not be given further audience in this court in relation to the charges against the accused either before this presiding judge or any other judge of the Federal High Court, for the reason I have given in the foregoing.
“Furthermore, I take judicial notice that the accused (Akingbola) herein is presently facing charges before a Lagos High Court emanating from his tenure as the managing director and chief executive officer of the Intercontinental Bank Plc, the AGF may wish to regain control of this process and his untrammeled right to prosecute the accused in another charge he chooses before any appropriate court, as he can of course do so at any time of his choosing.
“The prosecuting team presently employed, indulging in professional incompetence to the extreme, had been unmindful of the accused’s right to have the case against him clearly stated. They have been dismissive of his right to a ‘speedy’ trial, which in reality should be the credible procedure.
“I, therefore, dismiss the charges amended or otherwise for this incompetent and abusive prosecuting team. I discharge the accused accordingly and leave the AGF to consider his options,” he held.
The federal government had quickly responded with the appeal against the decision, accusing the judge of bias, recklessness in arriving at a decision to discharge Akingbola from the criminal charges.
It asked the appellate court to set aside the entire decision of the judge which dismissed the 26-count criminal charges against Akingbola before setting him free, ThisDay reports.
It also sought an order of the appellate court to remit the case back to the Chief Justice of the Federal High Court, Justice Ibrahim Auta, for re-assignment to another judge for retrial on merit.
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