BY ABDULWAHAB ABDULAH
LAGOS—AN Ikeja High court was yesterday asked to quash the N82.8 million theft charge preferred against the Managing Director of Cross Country Limited, Mr. Bube Okorodudu by the Economic and Financial Crimes Commission, EFCC.
In a preliminary objection filed by Okorodudu’s counsel, Chief Robert Clarke, SAN, before Justice Lateef Lawal-Akapo, he argued that the EFCC had no power to prosecute offences under laws enacted by the state Houses of Assembly.
Also, Car Link Limited, charged with Okorodudu prayed the court to strike out the charges against it, in an application filed by its counsel, Chief Ladi Williams (SAN).
The defendants are facing an eight-count charge of conspiracy, stealing, forgery and uttering.
The anti graft commission had alleged that they stole the money through the fraudulent sale of 17 units of Volkswagen transporter buses belonging to AG Moeller Ltd and Mr Adeloye Olukemi.
Chief Clarke, while arguing the motion said all the charges were brought under the Lagos State Criminal Code Laws.
He said,”Section 70 of the Administration of Criminal Justice Law of Lagos State 2011 makes it mandatory for the EFCC to obtain a fiat from the Attorney-General of Lagos State before they can prosecute matters before the state high court.”
Clarke submitted that the failure of the anti-graft agency to obtain the fiat from the state had made the charge against the defendants a nullity.
He asked the court to quash all the eight counts listed in the information and discharge the defendants.
Chief Ladi Williams (SAN), representing Car Link Ltd also argued that the charge was absurd as the defendants had already paid for the buses collected.
However, the EFCC counsel, Mr Rotimi Oyedepo, prayed the court to dismiss the applications and order the defendants to take their pleas.
Williams said,” the proof of evidence does not disclose a prima facie case against the defendants requiring them to stand trial.”
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