The Supreme Court on Friday dismissed an appeal filed by a former Managing Director of the now rested Intercontinental Bank Plc, Dr. Erastus Akingbola.
Akingbola had wanted the Supreme Court to upturn the judgment of the Appeal Court which had earlier vacated a High Court judgment which found the ex banker not guilty of charges filed against him by thebEconomic and Financial Crimes Commission (EFCC).
Justice Charles Archibong of Lagos High Court had on April 2012 struckbout the 26 counts contained in a charge marked: FHC/L/443C/2013 on thebgrounds that the prosecution was not diligent in the handling of thebcase.
The judge had described the EFCC prosecution team as a drain in thebpublic purse and directed the Attorney-General of the Federation to disband the team.
But disatisfied with the judgment,vthe EFCC had appeal against it.
The Court of Appeal upheld the appeal which necessitated Akingbola approaching the Supreme Court.
However, on Friday, a five-man panel of the apex court led by Justice Tanko Muhammad unanimously affirmed the February 20, 2015, judgment of the Court of Appeal in Lagos which had overturned the Federal High Court’s decision striking out the charges.
Justice Sidi Bage, who read the lead judgment of the apex court, said Akingbola’s appeal challenging the Court of Appeal’s verdict lacked merit and so failed to persuade the panel of judges to reverse the Appeal Court decision.
The apex court thus ordered Akingbola to return to the Federal HighCourt in Lagos to face his trial over N5bn fraud charges.
The apex court also ordered that the case be remitted to the Federal High Court and handled by another judge in the Lagos Division and be given “expeditions trial”.
A member of the apex court’s panel, Justice Kumai Akaahs, noted in his contribution during the judgment that Justice Archibong acted like a military dictator.
Justice Akaahs said Archibong “descended into the arena” and displayed gross bias in handling the case.
He said Archibong’s character during the trial was unbecoming of a man in the temple of justice.
The National Judicial Commission had since retired Archibong compulsory from the bench.
Felix Omohomhion, Abuja
