The trial of the Bank Chief was terminated prematurely on April 2, 2012, by Justice Charles Archibong, of the Federal High Court in Lagos, whose decision in the case later earned him a compulsory retirement from the bench by the National Judicial Council (NJC) for gross misconduct,
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Justice Archibong dismissed the charge No: FHC/L/443C/2013 filed by the EFCC against Akingbola for what he described as lack of diligent prosecution.
Dissatisfied, the EFCC approached the appellate court, urging it to dismiss the judgment of Justice Archibong, who has since been retired from the Bench.
After listening to the submissions by both parties in the case, the appeal court, in its lead judgement read, by Justice Yargata Nimpar on behalf of Justice Amina Aguie (presiding), held that the judgment of the trial court was a nullity and also directed that the case be returned to the then, Chief Judge of the Federal High Court, Justice Ibrahim Auta, to re-assign it to another judge for retrial on merit and for speedy hearing.
The Appeal Court further ruled that a judge must have an indisputable basis for his or her judgment.
At the Supreme Court, a five-member panel of Justices led by Justice Tanko Muhammad, in a judgment delivered yesterday, unanimously affirmed February 20, 2015, judgment of the Lagos Division of the Court of Appeal, which had overturned the Federal High Court’s decision striking out the charges against Akingbola.
Justice Sidi Bage, who read the lead judgment of the apex court, said Akingbola’s appeal challenging the Court of Appeal’s judgment lacked merit and ordered that the case is remitted to the Federal High Court and should be handled by another judge in the Lagos Division and be given “expeditions trial”.
Recalled that, Justice Archibong (now retired) had in a judgment delivered on April 2, 2012 struck out the 26- court charge contained in a charge numbered, FHC/L/443C/2013 filed by the EFCC against Akingbola on the grounds that the prosecution was not diligent in the handling of the case.
The judge had described the anti-graft agency’s prosecution team as a drain in the public purse and directed the Attorney-General of the Federation to disband the team.
The judge’s decision in the case later earned him a compulsory retirement by the National Judicial Council (NJC).
Commenting on the conduct of the judge in the case, a member of the apex court’s panel, Justice Kumai Akaahs, noted in his contribution that Justice Archibong acted like a military dictator, adding that, Archibong “descended into the arena” and displayed his bias.
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