Akingbola.
THE Court of Appeal in Lagos on Tuesday granted leave to the former Chief Executive Officer of Intercontinental Bank Plc, Erastus Akingbola, to file additional grounds of appeal challenging the jurisdiction of the Federal High Court in Lagos to entertain the Economic and Financial Crimes Commission‘s application to freeze his properties and assets.
In its ruling delivered by the presiding Justice Clara Ogunbiyi and supported by other justices, the appellate court granted Akingbola the leave to amend his Notice of Appeal dated March 17 and raise fresh issue which was not raised at the lower court.
The appellate court also granted Akingbola‘s request, seeking for extension of time to file his brief of argument.
One of the grounds, Ground 9 of the proposed amended ground of appeal, relates to the jurisdiction of the lower court to entertain the EFCC‘s application filed during Christmas vacation.
Lawyer to Akingbola, Chief Felix Fagbohungbe (SAN), who moved the application on Tuesday, argued that by virtue of provisions of Order 46 Rule 4 of the FHC (Civil Procedure) Rules, 2009, all judges of the FHC were precluded from hearing civil matters during the period between December 23 and January 5.
The ex-CEO also claimed that all the applications filed by the EFCC were in a civil suit and were heard on December 30, 2009 and determined the following date -December 31.
The appellant added that the FHC was on the two dates, (December 30 and 31) on Christmas vacation, saying that no summons was filed by the EFCC at the lower court for urgent hearing of the application.
The appellant also alleged that the EFCC did not fulfill the conditions precedent to enable the lower court exercise its jurisdiction to hear and determine its application during Christmas vacation.
According to the appellant, the lower court lacks the jurisdiction to hear or grant the applications filed by the EFCC at the time it did.
But the EFCC‘s lawyer, Ms. Oludamilola Babalola, had in her oral submission, argued that the appellant did not satisfy the condition precedent to enable the court exercise its discretion in the appellant‘s favour.
She claimed that the appellant was yet to give any satisfactory reason why the issue of jurisdiction was not raised at the lower court, saying that the appellant had not shown that he had suffered any injury.
Justice Tijani Abubakar of the Federal High Court in Lagos had on December 31, 2009, frozen Akingbola‘s alleged N346bn and £11m in six Nigerian banks.
The also placed an interim forfeiture order on Akingbola‘s alleged assets and choice properties in Lagos, the United Kingdom, Dubai and Accra, Ghana.
The six banks in which the said amount was domiciled and frozen include Intercontinental Bank Plc (including accounts with numbers 0001200000029420, 0001210000005334, 0111-001-000352735 and 0111001000-352745); Access Bank Plc; Zenith Bank Plc; Skye Bank Plc; Fidelity Bank Plc (including account with number 027-4020-1003714); and Intercontinental Bank (UK) Limited.
The judge also granted the application of the EFCC for Mareva Injunction to temporarily freeze Akingbola‘s assets all over the world.
The judge, however, granted a reprieve to the ex-CEO, saying that he should be allowed access to N1. 4m per month as living expenses and retention of legal advisers being equivalent to his lost take- home pay as the CEO of the bank.
Source:http://www.punchng.com/Articl.aspx?theartic=Art201010273113079
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