Ladoja

By Akin Kuponiyi

A Federal high court sitting in Lagos south west Nigeria today adjourned till 25th of November, 2016, to decide either to issue bench warrant against former Governor of Oyo state Senator Rasheed Adewolu Ladoja, now national leader of Accord party or not.

When the case was mentioned today, the court proceeding was characterised by argument and counter argument from the EFCC prosecutor, Mr Olufemi Olabisi, and the defence counsel, Bolaji Onilenla

Mr Olabisi urged the court to issue bench warrant against Senator Rasheed Ladoja and his co-accused, Waheed Akanbi, as the two accused have failed to appear before the court for re-arraignment. He told the court that they were invited by the EFCC but failed to honour the invitation.

In a swift reaction, Mr Onilenla urged the court to discountenance the submission of Mr Olabisi on the ground that the accused persons were not served any hearing notices. Aside this, he contended that Mr Olabisi has no legal right to prosecute the case because Mr Festus Keyamo who was issued fiat by the Attorney General to prosecute the case but who was absent in court can not delegate his power of fiat to any other counsel.

Mr Onilenla further argued that, he had filed an application before the supreme court to re-list the substantive appeal dismissed by the apex court and that no date has been fixed for the hearing of the said application. Consequently, if the court should proceed with the case the right of his clients to fair hearing will be jeopardised. He then urged the court to decline to issue bench warrant and adjourn the case indefinitely.

In his reply,Mr Olabisi urged the court to discountenance the submission of Mr Onilenla and go ahead to issue the bench warrant. On his qualification to prosecute the case he produce and show the court authority issued to him to prosecute the case.

After listening to the argument and the submission of the two parties,the presiding Judge, Mohammed Idris, adjourned till 25th of November,2016 for ruling.

The impending re-arraignment of Ladoja may not be unconnected with his loss, at the appeal court in the appeal he filed against the decision of a Federal high court refusing to quash the money laundering charges filed against him and one of his aides, Waheed Akanni by the Economic and financial crimes commission (EFCC).

The Court of Appeal, in Lagos, disallowed an appeal filed by the former governor, seeking to quash a criminal charge preferred against him by the EFCC.

Delivering the lead judgment at the appellate court, Justice Saheed Bagir, upheld the powers of the Economic and Financial Crimes Commission (EFCC) to prosecute offenders under the money laundering Act.

Bagir held that the provisions of Section 14 of the Act gave the commission the power to prosecute persons charged with the offence of money laundering.

Besides, the court also held that by the provisions of Section 7(2) of the EFCC Act, the commission was also empowered to charge and prosecute the appellants in the suit.

The appellate court therefore, refused the appeal and ordered the appellants to face their trial before the Federal High Court,in Lagos.

The anti -graft agency in November 2008, arraigned Ladoja and one of his aides, Waheed Akanbi, on a 10-count charge of money laundering.

They were arraigned before Justice Ramat Mohammed, but both pleaded not guilty, and they were granted bail and trial had commenced.

However Ladoja filed an appeal through his counsel, Chief Wole Olanipekun (SAN), seeking to quash the charge levied against him on the grounds that it was vague.

Adopting his written address before the appellate court, Olanipekun argued that the proof of evidence tendered before the lower court by the prosecution, had no nexus with the charge against the appellants.

He argued that the charge did not disclose any prima facie case against the appellants and so was baseless.

Olanipekun submitted that the EFCC had no power, jurisdiction or authority to prefer the charge against the appellant and urged the court to so hold.

Responding, counsel to the EFCC, Mr Festus Keyamo,then urged the court to uphold the validity of the charge, adding that such objection ought to have been raised before the plea of the accused was taken.

He argued that since the respondents had failed to take necessary steps when they ought to have done so, the objection becomes a nullity and urged the court to discountenance same.

In the charge, the appellants were alleged to have conspired to convert resources derived from illegal acts, with the aim of concealing the origin of the resources.

It was further alleged that Ladoja used about N42 million to purchase an Armoured Land Cruiser Jeep and remitted about 600,000 pounds to one Bimpe Ladoja in London.

The proceedings at the Federal high court were stayed, to abide with the decision of the appellate court on the pending appeal.