Law & Human Rights

Court rules tomorrow on EFCC suit against bank

By BARTHOLOMEW MADUKWE

Justice Babatunde Candide-Johnson of a Lagos High Court sitting in Igbosere will  tomorrow decide on who is the right person to represent a corporate body in a criminal matter.

The ruling of the court was sequel to the argument canvassed before the court by the  Economic and Financial Crimes Commission, EFCC,  asking it to compel the Managing Director/Chief Executive Officer of Wema Bank, Mr Segun Oloketuyi to appear in court following a criminal suit filed against the Bank and three others.

According to the EFCC, WEMA bank (3rd defendant), Faniran Olubanji Samuel (1st defendant), Ariel Investment Management Limited (2nd defendant) and Adegoke Adeleke (4th defendant) are alleged to face a four-count charge bothering on conspiracy, fraud and stealing.

Justice Candide-Johnson had listened to arguments canvassed by counsels  representing both parties in suit No-LCD\89\2012 brought against the bank on whether the Managing Director of WEMA bank should be compelled to enter into the dock for his company, (WEMA bank Plc).

Counsel to WEMA bank, Mr O. Arulogun, SAN, argued that the issue of who was competent to represent a corporate body in a criminal matter was governed by Section 357 of the Administration of Criminal Justice Law of Lagos State.

Arulogun submitted that a corporate body involved in a criminal matter was required in law to write to the court and plea guilty or not guilty.

He further argued that the corporate body must state in writing its representative and that the representative needed not be the Managing Director of the bank.

“The corporate body must state in writing who is to represent it in a criminal proceeding. The representative could be anybody that has been appointed by seal of corporation or the Managing Director of the company” he stated.

He consequently informed the court that one Adekunle Onitiri has been appointed by WEMA bank to represent it in the matter.