Justice
Lateef Lawal-Akapo of the Ikeja High Court Tueday refused to vacate an
earlier bench warrant issued for the arrest of Mr. Bube Okorodudu, the
Chairman of Cross Country Limited who is standing trial over an alleged
N82.8m theft.
The court had issued a bench warrant
against Okorodudu over his alleged refusal to show up before the court
to take his plea over an alleged N82.8 million theft charge made against
him by the Economic and Financial Crimes Commission, EFCC.
Justice
Lawal-Akapo held that the medical report dated 24 June, 2014 and signed
by Dr A.O. Salako on behalf of the Lagos State University Teaching
Hospital (LASUTH) is of no probative and evidential value.
The court also declared that the attitude of the Cross Country MD amounted to disrespect of the court.
According
to the judge, “the absence of the first accused has stalled today’s
proceedings. The order of arrest of Okorodudu still stands.”
Prior
to the court’s ruling, lawyer to the Cross Country MD, Chief Robert
Clarke (SAN) had informed the judge that the absence of the 1st
defendant was because there is a medical report dated 24 June, 2014
before the court indicating the medical status of Okorodudu.
The
SAN stated further that “having had the opportunity of listening to the
court ruling and studied same, we filed an affidavit indicating that
there is a pending appeal at Lagos division of the Court of Appeal. The
EFCC refused to appear before the Court of Appeal because they refused
to accept service to that effect.
“The Court of Appeal
has taken over proceedings on this matter, but the matter could not go
on yesterday (Monday) due to the absence of the prosecution. “
The
senior lawyer then prayed the court to stay further proceeding pending
the hearing and determination of the appeal before the upper court.
Chief
Clarke while also pointing out that the Appeal Court did not order that
status quo be maintained, prayed the court to adjourn the matter
indefinitely until the appellate court decides one way or the other.
But
in opposition to the argument posed by the defence lawyer, the EFCC
through its counsel, Jackson Emmanuel, insisted that the said medical
report did not disclose in any form, that the 1st defendant cannot show
up in court for the purposes of standing trial.
The
EFCC lawyer also charged the court to direct Okorodudu to appear before
the court for arraignment while also rejecting the medical report.
According
to Emmanuel, “We visited LAUTH to verify the status of that medical
report and it was confirmed by the Director of Accounts of LASUTH, Mrs
O.A. Akinlawon that the said report did not emanate from the teaching
hospital and that the said Dr A.O. Salako who signed the report is not
on the nominal roll of the teaching hospital. The medical report is not
authentic.”
Okorodudu had prayed the Lagos division of
the Court of Appeal to stay further proceedings in an action instituted
against him by the EFCC over allegation of theft to the tune of N82.8
million.
Specifically at Monday’s hearing on the
matter, lawyer to the transport merchant, Clarke told the appellate
court that his client had already challenged the jurisdiction of the
Lagos High Court sitting in Ikeja to entertain the suit.
The
senior lawyer equally stated that the trial judge, Justice Lawal-Akapo
had earlier ordered a bench warrant against him (Okorodudu) over his
failure to appear before the court to take his plea.
Clarke
further informed the appellate court that the matter would be coming up
today (Tuesday) before the Ikeja High Court, just as he prayed the
Court of Appeal to issue an order for the maintainance of status quo
pending the hearing and determination of the appeal.
Consequently,
the Court of Appeal, presided over by Justice Samuel Oseji instructed
Okorodudu to put the EFCC on notice before the substantive appeal could
be heard.
The appellate court also ordered lawyer to
the transport magnate to inform Justice Lawal-Akapo that the appeal is
already before the Appellate court.
Justice Oseji thereafter adjourned hearing of the appeal till 24 September, 2014.
Others charged alongside the Cross Country boss include his two companies, Cross Country Limited and Car Link Limited.
Specifically,
the judge directed the Nigerian Police to effect the arrest and produce
the transport guru before the court on 8 July, 2014 for arraignment.
The
transporter and his two companies – Cross Country Limited and Car Link
Limited – were charged to court by the EFCC to answer to an eight-count
charge of conspiracy, stealing, forgery and altering.
EFCC
had alleged that Okorodudu alongside others stole the money through
what it termed the fraudulent sale of 17 units of Volkswagen Transporter
buses belonging to AG Moeller Limited and Mr Adeloye Olukemi.
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