"You Are Incompetent" Judge Tells Senior Advocates of Nigeria (SAN)

                                       

(NAN) A Federal High Court in Lagos on Monday dismissed the criminal charges filed against the former Managing Director of Intercontinental Bank ( now Access Bank), Dr Erastus Akingbola, for lack of diligent prosecution.

The EFCC had on Dec. 31, 2010 arraigned Akingbola on a 22-count amended charge of misuse of depositors’ fund, abuse of office and money laundering to the tune of N5 billion.

In his ruling, Justice Charles Archibong held that the prosecution counsel, comprising five Senior Advocates of Nigeria, were incompetent in the prosecution of the charges against the accused.
“I direct the Attorney-General of the Federation to disband, sack and de-brief the present prosecuting team and their various respective firms for abuse of court process.
“They are a drain on the public purse,’’ he said.

Archibong said the prosecution had chosen to pursue a campaign to “scandalise’’ the court, saying “this amounts to serious and professional incompetence in prosecuting the accused.
“The counsel shall not be given any further audience in relation to the charges against the accused either by me or any other judge of the Federal High Court.
“I hereby dismiss the charges amended or otherwise on the grounds of incompetence. I discharge the accused person accordingly,’’ he ruled.

Earlier, prosecution counsel, Mr Godwin Obla (SAN), had asked for a short adjournment to enable the lead counsel, Mr Ben Ukala (SAN), to be physically present in court to prosecute the matter.
He told the court that the prosecution also wanted further stay of proceedings to enable them to compile documents at the Appeal Court to challenge the refusal of the judge to disqualify himself from hearing the case.
Counsel to the defendant, Chief Felix Fagbohungbe (SAN), however, objected to an adjournment and urged the court to dismiss the charges against his client. (NAN)