N247m Fraud: Court Refuses AGF Application To Withdraw Charge Against Traders

N247m Fraud: Court Refuses AGF Application To Withdraw Charge Against Traders 

An application filed by the Attorney-General of the Federation, Mohammed Adoke asking a Lagos High Court sitting in Ikeja to stop the trial of five former employees of the Lagos Trade Fair Complex accused of stealing was yesterday refused by the court.

The trial judge, Justice Kudirat Jose in a ruling on the application held that Section 211 (a) of the 1999 Constitution is very clear on the matter and that It is only the Lagos State Attorney-General and not the AGF that can enter a nolle proseque with respect to this suit.

It will be recalled that the Economic and Financial Crimes Commission (EFCC) had arraigned Bassey Eyamba, Francis Dajilak, Lazarus Okocha, Barnabas Kolo and Eunice Okafor before the court for stealing N247 million belonging to their employer.

The commission had accused the defendants of fraudulently obtained various sums of money belonging to their employer by renting and selling some plots of land owned by the complex.

According to the anti-graft agency the alleged offence is contrary and punishable under Sections 390 (6) and 516 of the Criminal Code Laws of Lagos State 2003.

At the last sitting of the court the AGF, through its counsel, D.E. Kaswe, had filed a nolle proseque (notice of discontinuance of trial) before the court.

Kaswe, who insisted that the AGF is making the demand in the exercise of his powers in accordance with Section 174 of the Constitution, therefore urged the court to discontinue the case.

However, the application was opposed by the EFCC counsel, Anslem Ozioko, who argued that the AGF had no power to discontinue a case filed under state laws.

In her ruling on Wednesday Justice Jose agreed with the anti-graft agency holding that the powers of the AGF and the AG of a state were distinctly spelt out in the Constitution.

" The EFCC has the fiat of Lagos State Attorney General to prosecute this matter and that fiat has not been withdrawn.”

"This application is hereby dismissed," the court held.

The trial has been adjourned till February 16, 2015 for continuation of trial.