From Francis Iwuchukwu, Lagos
Speaker of the Lagos State House of Assembly, Adeyemi Ikuforiji, yesterday picked holes in the preliminary objection initiated by the Economic and Financial Crimes Commission (EFCC), against his motion to quash the criminal charge made against him before Justice Okechukwu Okeke of the Federal High Court sitting in Ikoyi, Lagos.
Ikuforiji in his reply on points of law to the EFCC’s objection, is insisting that the argument adduced by the anti-graft agency in support of its objection, was not only misconceived, but also not supported by law.
The anti-graft agency is prosecuting Ikuforiji and his personal assistant, Oyebode Alade Atoyebi before the court Justice on a twenty-count charge that borders on money laundering offences.
Ikuforiji and Atoyebi had filed two separate motions seeking to quash the charges against them.
But the EFCC had in its preliminary objection to the motion to quash the charges, argued that under Section 167 of the Criminal Procedure Act (CPA), such an objection to the charges ought to have been raised immediately after the charges were read to the accused persons.
However, the speaker in a reply filed by his lawyer, Tayo Oyetibo (SAN), is contending that Section 167 of the CPA relied upon by the EFCC only deals with formal defects on the face of the charge.
Oyetibo (SAN), pointed out that the motion to quash the charge was majorly based on a challenge to the jurisdiction of the Federal High Court to adjudicate on the case against the accused persons under Section 1(a) of the Money Laundering (Prohibition) Act of 2011.
Oyetibo further argued that the EFCC was only able to answer the issues raised by the accused persons in their motion to quash the charge, and urged the court to grant the prayers contained therein.
The Speaker and Atoyebi had in a motion on notice brought pursuant to Sections 2, 3, 4, 92, 251 and 252 of the Constitution, urged the court to either quash the charges as presently framed or strike it out for lacking in concrete evidence.
The duo argued that the EFCC failed to establish prema facie evidence against them, which automatically robbed the court of jurisdiction to try them.
The Speaker argued that the acts of the House of Assembly, being an arm of the Lagos state Government, could not be subjected to the criminal jurisdiction of the Federal High Court.
Ikuforiji further contended that in so far as the charges alleged that he and his aide accepted cash payments from the House, the Constitutional immunity enjoyed by the House on such transactions makes the case ineffective.
When the case came up yesterday, EFCC’s lawyer, Godwin Obla requested for time to react to the reply on points of law filed by the accused persons, saying the process was just served on him in court.
The application for adjournment was not opposed by Oyetibo, while Justice Okeke fixed May 3 for adoption of arguments on the motion to quash the charges.
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