Dr. Erastus Akingbola V. Federal Republic Of Nigeria & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The Appellant was the Managing Director of Intercontinental Bank Plc, and this is NOT his first journey to this Court. He has filed a number of appeals in relation to criminal charges brought against him at the Federal High Court and Lagos State High Court, after his removal as MD/CEO of the said Bank by the Central Bank of Nigeria [CBN], in August 2009.

Some appeals have been determined and others are for Judgment. For instance, the case of Akingbola v. The Chairman, EFCC (2012) 9 NWLR (Pt. 1306) 477, relates to a decision of the Federal High Court while that of Akingbola v. Federal Republic of Nigeria & Anor (2012) 9 NWLR (Pt. 1306) 511 dealt with a Ruling of the Lagos State High Court delivered on 31/5/11, wherein the Court dismissed his Application and assumed jurisdiction to entertain an Information against him filed by the Economic & Financial Crimes Commission in Charge No. ID/148C/2011.

This Appeal is predicated on the said Charge No. ID/148C/2011, and it centers on which Court has jurisdiction to entertain the Information dated 4/5/11 – the Federal High Court or the Lagos State High Court?

The said Information filed at the Lagos State High Court contains 26 Counts with 18 of them alleging offences of conversion and stealing of various sums of monies belonging to Intercontinental Bank Plc., against the Appellant. By an Application dated 11/3/2014, he challenged the jurisdiction of the Lagos State High Court on the following Grounds-

(i) The Complainant on the Information– is the Federal Republic of Nigeria.

(ii) The 1st Defendant is charged with the 2nd Defendant before this Hon. Court on the information dated 4/5/11 with 18 of the Counts against the Applicant.

(iii) The said 18 Counts – – are on allegations of conversion and stealing of monies belonging to the Bank (defunct) when the Applicant was the Managing Director and Chief Executive of Intercontinental Bank.

(iv) The subject matter of the alleged offences relates to banking operations, control and operation of capital issues and company related matters under the Companies and Allied Matters Act [CAMA] under Section 251(1) (d) & (e), (s), (3) of the 1999 Constitution (as amended) and item Nos. 6, 12, and 32 of the Exclusive Legislative List in Part 1 of the Second Schedule to the 1999 Constitution (as amended) respectively.

(v) In 2009, the same complainant before this Honourable Court initiated and commenced criminal proceedings against the 1st Defendant/Applicant before the Federal High Court Lagos in Charge No. FHC/L/CS/443C/09 on substantially/entirely the same subject and allegations which they are prosecuting the Applicant before this Honourable Court.

(vi) The proceedings in (v) supra have commenced and the complainant herein has even lodged two appeals to the Court of Appeal against some Rulings of the Federal High Court. The said appeals are still pending at the Lagos Division of the Court of Appeal.

(vii) The main witnesses listed in the Proof of Evidence at the Federal High Court, Lagos in Charge No. FHC/L/CS/443C/09 are the same witnesses also listed in the Proof of Evidence before this Honorable Court.

(viii) The same counsel representing the complainant in Charge FHC/L/CS/43C/09 at the Federal High Court are the counsel appearing before this Honourable Court prosecuting the Applicant for the same offences as before the Federal High Court.

(ix) The information – – before this Court constitutes an abuse of court process.