Intercontinental Bank Plc, continued on April 5, 2019 with the Economic
and Financial Crimes Commission, EFCC, presenting fresh evidence against
him.
Akingbola is standing trial on an amended 22-count charge bordering on
abuse of office, conversion of funds belonging to Intercontinental Bank
Plc, and stealing.
The fresh evidence, which included the statements of accounts and accounts
particulars of Tropics Securities Limited, Tropics Properties Limited and
Tropics Finance with Access Bank, were tendered in evidence through the
third prosecution witness, Iyoyo Eweh.
Prosecuting counsel, Rotimi Jacobs, SAN, informed the court that Eweh, a
staff of Access Bank Plc was a substitute for the next witness to be
called on the witness list.
“The reason Iyoyo Eweh is a substitute is because the third witness to be
called has left the bank and has absconded from the country, and the
prosecution had to bring Iyoyo as a substitute witness majorly to tender
the documents through him,” Jacobs said.
Defence counsel, Wole Olanipekun, SAN, however, raised objections, arguing
that a witness cannot be substituted in a criminal trial. But Jacobs
apologised to the court and to the defence for the new development.
Consequently, Eweh was allowed by the court to testify.
Under examination, he told the court that he was recently contacted by the
EFCC to provide the statements of accounts and accounts particulars of
Tropics Securities Limited, Tropics Properties Limited and Tropics Finance
with Access Bank.
“The documents were provided, and I was asked to come and tender them in
court,” he added.
Jacobs, thereafter, urged the court to accept the documents in evidence
against Akingbola.
Olanipekun, however, opposed the admissibility of the documents, arguing
that, “these documents sought to be tendered by the prosecution are
documents dated April 3, 2019, 48 hours ago, which seem to be illegal and
it is against public policy”.
He added that: “Once a case is brought before the court, it is presumed
that all investigations have been concluded and no further investigation
can be done or tendered through document in court.
“This case has been pending for 10 years, and now, the prosecution came
with evidence been sourced 48 hours ago.
“More so, the documents are Access Bank Plc documents, which are processes
or made as a result of evidences already given in order to frustrate the
interest of justice.
“I urge your Lordship to reject this sourced and self-serving documents,
which has also made a substitution in the original evidence after
proceedings commenced.
“Access Bank Plc is a beneficiary of the prosecution of the defendant and
all the documents are signed by Access Bank as an interested party in this
case,” Olanipekun said.
Responding, Jacobs argued that, the prosecution was not bound to limit
itself with provision of witness and documented facts in a criminal
matter.
“Prosecution may at any time before the judgement of the court on a case,
file and serve notice of additional proof of evidence which may include
additional evidence,” Jacobs said.
He added further that, “the documents sought to be tendered are old
documents of Intercontinental Bank Plc but sought to be tendered by a mere
staff of the bank who has no interest in the case.”
He further argued that Access Bank Plc was not a party, or an interested
party in the matter.
“The only interested party in this case is the Federal Government of
Nigeria and Dr. Erastus Akingbola,” Jacobs added.
Justice Olatoregun, thereafter, adjourned to April 18, 2019 for ruling on
the admissibility of documents.