Court rejects Lagos AG’s move to stop N1.35b ‘fraud’ case

The Special Offences Court in Ikeja, Lagos, has declined an application by the Lagos State Attorney General, Lawal Pedro (SAN), to completely halt the trial of Azubuike Ishekwene and Olalekan Abdul, being prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged N1.35 billion fraud.

Justice Mojisola Dada discharged the duo of the 20 counts filed against them by the state but ordered the continuation of their trial on five related counts simultaneously filed against them by the EFCC.

A mild drama ensued in the process, leading to the judge accusing the defence counsel of disrespecting the court and the lawyer maintaining his innocence. The matter was adjourned to October 31, 2024 for continuation of trial.

The AG had filed for discontinuance after an earlier move to take over its prosecution failed. The court had also earlier ruled that the defendants had a case to answer, and that the prosecutor could prosecute the defendants.

The anti-graft agency filed the charge in December 2019, with Ishekwene and Abdul as co-defendants in a 26-count conspiracy, forgery, and stealing charge. They were arraigned on January 29, 2020.

It alleged that they conspired with Adeyinka Adewole and Morakinyo Bolanle, at large, to obtain N350 million, and N1 billion from Wema Bank under false pretences. Ishiekwene, and Abdul, former managing director of Cleanserve, pleaded not guilty and were granted bail.

The matter resumed yesterday for the ruling on the Notice of Preliminary Objection filed by the prosecution concerning the Notice of Discontinuance filed by the AG.

It relied on Section 211 of the Constitution for discontinuing both State and Federal offences before the court.Franklin Oforma appeared with A. A Usman for the prosecution, Jonathan Ogunsanya for the AG of Lagos State, Adeyinka Olumide-Fusika (SAN) appeared with O. Oyewole, U. Adindu and S. Olawode for the 1st defendant, while A. Abdulrasaq represented the 2nd defendant.

The second defendant’s counsel informed the court that the learned silk, Dr. Muiz Banire was ill and on his way. Reading her ruling, Justice Dada discharged the 1st and 2nd defendants on all 20 out of the 26 counts brought against them under the laws of Lagos State relying on sections 211 of the 1999 constitution.

Nevertheless, the judge also ruled that the defendants should continue their defence in the remaining six-count charge brought against them under the Advance Fee Fraud Act and EFCC Act.