By Abdulwahab  Abdulah
Attempt to formally get the former Managing Director of Intercontinental Bank Plc, Dr Erastus Akingbola, arraigned before an Ikeja High Court was yesterday frustrated as his lawyers continued with the battle for him not be brought to the court.

Akingbola, who had been arraigned before a Federal High Court sitting in Lagos is presently battling the Economic and Financial Crimes Commission, EFCC, from arraigning him before an Ikeja High Court on fresh theft charges.

At the resumed hearing yesterday, Akingbola’s lead counsel, Chief Felix Fagbohungbe (SAN), told the court that the defense had filed a fresh application dated May 20, 2011 which have been served on the prosecution.

Fagbohungbe asked the court to withdraw their earlier application dated May 10, 2011 in the light of recent development concerning the matter.

The fresh application seeks an order of the court declining jurisdiction to entertain the case and had also asked it to restrain the EFCC from arraigning the accused persons in respect of the fresh charges.

It also asked the court for an order dismissing the charges brought against them on the grounds that the EFCC had no statutory powers under the Administration of Criminal Justice Law 2007 to prosecute the matter.

Fagbohungbe said the charge filed against the accused persons by the EFCC was done in bad faith and an abuse of court processes.

He informed the court that Justice Charles Archibong of a Federal High Court in Lagos had on May 18 ordered the EFCC to release the accused persons immediately.

However, EFCC lead counsel, Mr Kola Awodein (SAN) asked the court to grant the prosecution a short date to respond in writing to the fresh application filed by Akingbola’s lawyers.

Awodein also objected to the oral application made by the defense for the release of the accused persons, adding that the EFCC had filed an appeal against the judgment of the Federal High Court.

The judge while expressing dismay over the slow pace of the matter cautioned both parties against unnecessary delay tactics and adjourned the matter to May 31 to enable the prosecution respond in writing to the fresh application served on them by Akingbola’s lawyers.