A Lagos High Court judge in Ikeja on Monday ordered former Managing Director of Intercontinental Bank Plc, Erastus Akingbola, and his co-accused, Bayo Dada, to close their defence in their trial for stealing the bank’s N47.1bn.
Justice Habeeb Abiru ordered the defence to close their defence and to file their final address within 14 days following the inability of the defence, led by Chief Felix Fagbohungbe, SAN, to produce a witness in court on Monday.
He ordered the Economic and Financial Crimes Commission to file its own final address within seven days of receiving the defence’s copy.
Abiru, who dismissed an application by Fagbohungbe for an adjournment, said his orders followed an undertaking by Fagbohungbe at the previous sitting on October 14 that the defence would close their case if they were unable to produce their next witness.
Fagbohungbe, who insisted that the testimony of the witness “is material to the case of the defence”, said the person was not present in court because he was indisposed.
But the judge faulted the basis for calling another witness having granted an adjournment for the same purpose on October 14.
He said,”You said at the last adjourned date that if the witness cannot be produced today (Monday) you will close your case today. You said that from the bar. It was on the basis of this that I adjourned the matter to give you last chance.
“Who is this witness? What is he coming to say? What is the name of the witness?”
The counsel for the Economic and Financial Crimes Commission, Mr. Godwin Obla, while opposing the application for adjournment accused the defence of deceiving the court and of deliberate attempt to delay the trial.
He said, “This supposed witness is a witness at large. A witness with no name; a witness with no designation. If the witness is sick, there should be a medical report.
“With regard to the last proceedings, I will not be wrong if I say this is another serious attempt to delay the trial.
“I submit that the application for adjournment lacks merit and I urge your Lordship not to be deceived by it.”
Abiru also dismissed the excuse by Fagbohungbe that he was not willing to disclose the witness’ identity to avoid likely harrassment of the witness by the EFCC.
“That is not part of the record of this court. Go through your record and tell me any day you complained about the harassment of your witness by EFCC,” he said.
The judge, in a short ruling, said “the honourable thing is for the defence to close their case in line with their undertaking.
“The case of the defence is hereby closed in line with the undertaking.”
The order of the court that the defence should file their final address within 14 days did not also go down well with Fagbohungbe.
He said the court “imposed” 14 days to file his final address contrary to procedures which, according to him allow 21 days to file such address.
Fagbohungbe said, “I have more than 800 pages of verbatim recording and 649 pages of exhibits. Fourteen days cannot be enough for to prepare my final address. Imposing 14 days to file final address in a trial of one year and seven months will be most unfair for the defence.”
The matter was adjourned till November 15 for adoption of final address.