AGF wants EFCC stopped from prosecuting N43.9bn fraud case

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The arraignment of Stephen Akinretoye, Peter Ololo and Falcon Securities Limited, charged with N43.9bn fraud, was further stalled on Thursday before a Federal High Court in Lagos as the issue of who will prosecute them has yet to be resolved.
 
Justice Mohammed Idris had on February 23 adjourned the matter till Thursday for the Attorney General of the Federation and the Economic and Financial  Crimes Commission to resolve the dispute as to which of them will prosecute the case.
 
While Mr. Joseph Daudu (SAN) claimed to have been given a fiat by the AGF, Mr. Abubakar Malami (SAN), to prosecute the suspects, the EFCC, through its lawyer, A.B.C. Ozioko, claimed to be in charge of the case.
 
Justice Idris had, at the last adjourned date, said the suspects could not the arraigned until the issue of who will prosecute them was resolved.
 
As of Thursday when the matter came up in court the AGF and the EFCC had yet to agree, rather Daudu filed a motion, urging Justice Idris to declare that the fiat given him to prosecute the suspects was valid and subsisting.
 
Daudu, in the motion, is also seeking an order restraining “A.B.C. Ozioko, either acting by himself or through his employers, the EFCC, or their assigns and successors, from interfering with the performance of the professional duties (of the applicant) during the pendency of the fiat or other like document.”
 
He also urged the court to declare that the fiat given to him by the AGF “precludes every other legal practitioners in Nigeria from prosecuting the matter except the Hon. AGF himself.”
 
Justice Idris adjourned till April 18 to hear Daudu’s motion, which has to be determined before the coast will be clear for the arraignment of the suspects.
In the said charge marked FHC/L/20c/2016, Akinretoye, Ololo and Falcon Securities Limited were accused of fraudulently converting funds totaling N43,963,556,547 belonging to Consolidated Discount Limited to their personal own.
 
They were said to have allegedly committed the offence between January 1, 2004 to December 31, 2010.
 
Apart from the charge against Akinretoye, Ololo and Falcon Securities Limited, there are two others charges, over which there is a clash of prosecutorial interest between the AGF and the EFCC. 
One of the two other charges marked FHC/L/21c /2016 involved an alleged N1.4bn fraud and has Akinretoye, Mudashiru Shittu, Olawale Omisore, Capt. Eddy Ndoms, Aquatic Transport Limited, Cross Oceans Limited and Ehco Ventures Limited as defendants.
 
The defendants in the third charge marked FHC/L/22c /2016 are Akinretoye, Shittu, Larai Claude-Eninn, Hassan Gbenga, Ajibola Jolaosho, Omisore Olawale, Omisope Johnson, Onimole Adebawale and Emmanuel Odedina.

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