Economic and Financial Crimes Commission, EFCC, has instituted a notice of appeal at the Lagos Division of the Court of Appeal, against the ruling delivered by a Federal High Court sitting in Ikoyi, Lagos, which discharged Speaker, Lagos State House of Assembly, Adeyemi Ikuforiji, and his Personal Assistant, Oyebode Atoyebi, upon their no case submission.
It would be recalled that the court presided over by Justice Ibrahim Buba, had discharged Ikuforiji and Atoyebi over allegations of money laundering leveled against them by the anti-graft agency.
However, not satisfied with the ruling, the EFCC, through its lawyer, Chief Godwin Obla, SAN, in the notice of appeal dated September 30, 2014 and brought pursuant to Order 17, Rule 13 asking the Court of Appeal to hold that Justice Buba erred in law, when he held and concluded that counts 2-48 are incompetent, because they were filed pursuant to Section 1(a) of the Money Laundering (Prohibition) Act, 2004 which said law was repealed by the Money Laundering (Prohibition) Act, 2011.
The anti-graft agency in its appeal also wants the upper court to hold that the Federal High Court, “Erred in law and came to a perverse decision when it held thus: On other constitutional issues, the prosecution has also not answered the submission referred to in this ruling. Consequently, the first and second accused be and are hereby discharged.”
The EFCC therefore urged the Appellate Court to allow its appeal; set aside the decision of Justice Buba dated September 26, 2014.
The SAN who cited numerous authorities raised many issues for determination which included constitutional, jurisdictional and sovereignty of the office of the Speaker.
Olanipekun added that the Speaker’s office was constitutionally created, and so, by parity of reasoning, the Speaker was sovereign as presently constituted.
The senior lawyer explained that the charge against Ikuforiji largely dwelt on transacting with funds above the threshold stipulated by the Money Laundering Act, MLA, and not necessarily whether they were in cash or not.
But in responding, counsel to the EFCC, Chief Godwin Obla (SAN) prayed the court to disregard the arguments of the defense lawyers and order the Speaker and his aide to open their defence.
The discharged Ikuforiji and his aide were re-arraigned before Justice Buba, on June 24, 2013, consequent upon the retirement of Justice Okechukwu Okeke, the former trial judge.
