Edward Akinlade, Suru Homes boss

Akin Kuponiyi

Reprieve has come the way of Lagos-based businessman, Edward Akinlade, as an Ikeja Special Offences Court, sitting at Ikeja, has struck out the criminal charge proferred against him and his company, Suru Homes Limited,  by the Economic and Financial Crimes Commission, EFCC.

The presiding Judge,  Oluwatoyin Taiwo, struck out the N1.7 billion 10-count charge against Akinlade following a letter of withdrawal filed before the court by his lead counsel, Mr Lawal Pedro, SAN. The anti-graft agency arraigned Akinlade alongside his company Suru Homes, on alleged theft and issuance of dud cheques.

He pleaded not guilty to the charge.

Justice Taiwo, in her ruling, said that the case was at the discretion of the court and not of EFCC, following a letter dated June 1,“ titled: “Terms of Settlement”, formerly initiated by the complainant to settle with the defendant’’.

The letter of withdrawal was earlier tendered in court on June 17, by the defence counsel to herald an amicable resolution of the matter in court.

“The prosecution counsel has informed the court that he is not aware of the resolution of the matter despite being copied with the letter of the authority of withdrawal from the complainant and that he did not concede to the withdrawal of the case.

“He said he did not have the authority of his office to withdraw the case.

“However, on the authority of FRN v Onnogen, the Supreme Court held that the complainant can withdraw his matter in any case that is not criminal such as murder and armed robbery without the consent of the state or EFCC as the case may be.

“This is a civil case of stealing and issuance of dud cheque. In the light of the foregoing, I hereby strike out this case and the defendant is accordingly discharged’’, the judge ruled.

Consequently, defence counsel, Mr Pedro SAN, informed the court of an application for striking out the case, based on the letter of withdrawal by Fidelity Bank, the complainant in the suit

“I rely on section 261 of Administration of Criminal Justice of Lagos State and section 355 of Admiration of Criminal Justice Act. that the defendant should be discharged.

“To also confirm the position, my lord, we have a representative of the bank, Mr Chukwuebuka Nweka,” Lawal told the court.

Mr Nweka, a representative of the bank, confirmed to the court that the parties had settled and written to the EFCC over the dispute resolutions and asked the Commission to withdraw charges against the defendant.

The EFCC counsel, Mr Temitope Banjo, however, told the court that the commission was not carried along with the resolution.

“Pursuant to the complaint, EFCC carried out an investigation and it is quite unfortunate that we were not carried along with the resolution.

“I do not have the authority to withdraw the charges, I am leaving it at the discretion of the court,” Banjo said.

The EFCC counsel, however, confirmed to the court that it was on record that the head of the commission, the head of legal and himself had a copy of the letter of withdrawal.

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