Disqualifying judge by EFCC is unethical 'Akingbola

The embattled former Managing Director of Intercontinental Bank Plc, Erastus Akingbola, who is standing trial for various offences including granting of unsecured loans and abuse of office on Wednesday, told Justice Charles Achibong of the Federal High Court sitting in Lagos that it was unethical for the Economic and Financial Crimes Commission (EFCC) to seek to disqualify the present judge trying his case.Akingbola, in a counter-affidavit to EFCC's motion filed before the court, stressed that it would not only be unjust and inequitable to accede to EFCC's request, but it would be unfair if the anti-graft commision was allowed to pick and choose the judge that would handle a matter in which it is a party.It will be recalled that the EFCC had, in a motion, urged Justice Archibong to disqualify himself from continuing with the criminal matter, accusing him of bias in the manner he was conducting the case and asking that the case be transferred to another judge. Akingbola's lead counsel, Felix Fagbohungbe (SAN), had argued that the EFCC's motion was filed in bad faith and described it as an abuse of court process as the allegation of bias raised against the judge was in respect of another civil matter that Akingbola had filed earlier to protect his fundamental human rights against the abuse of power by the EFCC.At the resumed hearing of the matter, EFCC's counsel, Emmanuel Ukala, told the court of the pending motion seeking to transfer the case file to another judge, adding that Akingbola's lawyers just served him with a counter-affidavit and written address to the motion in court.He stated that the counter-affidavit was very copious and that he would need an adjournment to reply to the issues raised in accordance with fair hearing.Justice Archibong, while speaking on the development, told the parties that he would love the matter to be concluded as soon as possible.'I gave a long adjournment but I do not know why the learned silk for the defence just filed and served his counter.'He consequently fixed January 31, 2012, for adoption of written brief in respect of the motion, adding that the EFCC should reply to the counter motion before then.
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