A LAGOS High Court presided over by Justice Habeeb Abiru has fixed tomorrow for ruling in the no case submission filed by the former Managing Director of Intercontinental Bank Plc (now Access Bank), Dr Erastus Akingbola and Bayo Dada in the on-going N47.1 billion theft charge filed against him by the Economic and Financial Crimes Commission (EFCC).At the resumed hearing yesterday, Akingbola's counsel, Deji Sasegbon (SAN), told the court that though they just served the prosecution, he has a no case application before the court and subject to the court's convenience, he is ready to move it.Akingbola in his no case submission is praying the court for an order discharging him of the charges and such other orders as the court may deem fit.His 140 pages application for no case was brought before the court pursuant to Section 239 and it was supported by an affidavit and a written addressSasegbon in his argument told the court that they have asked and answered 19 germane questions on whether the prosecution had proved its case in the charges leveled against him by taking the transactions one by one.He continued that a company named Chartwell which was involved in the transactions was not brought for trial while also seeking to determine the definition of stealing citing Section383 (2) (f) which deals with money and fraudulent conversion.He stated that a case of theft has not been proved against the defendants as 'the defendants cannot be accused of stealing the bank's money. Some of the transactions are based on loan and the common denominator in loan is that money will be returned. If there is intention to return money, then they cannot be charged with theft.'The anti-graft counsel, Emmanuel Ukala (SAN) while responding first kicked against the defence arguing its no case submission on the ground that they have earlier told the court that they have no intention of moving a no case submission and are ready to open defence.According to him, 'this is why the series of dates were given for defence to call their several witnesses which they stated are eight in number. The stage to apply to the court to the effect that a no case submission will be made is treated in Section 239 of the Administration of Criminal justice Law 2011 and it indicates that it is at the close of evidence in support of the charge and not when date is fixed for trial.'Ukala said that once court is given the impression that there is a case for the defendant to prove his innocence to the extent of taking dates and bring witnesses, it is beyond the level of no case submission.'I urge the court to rule that it is a mere ploy to waste court's time and delay the determination of the case.'However, Justice Abiru though confirmed that the timing of the defence is wrong but in the interest of justice, allowed the no case submission to be moved.While telling the court to throw out the no case submission, Ukala stated that the defendants have not done much to reasonably discredit the testimonies of the witnesses brought by the anti graft commission.
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