Cross Country chief asks court to quash N82.8m theft charge

A popular transporter, Bube Okorodudu, on Wednesday asked an Ikeja High Court in Lagos State to quash the N82.8 million theft charge preferred against him by the Economic and Financial Crimes Commission.
Okorodudu made the request in a preliminary notice of objection filed by his counsel, Chief Robert Clarke (SAN), before Justice Lateef Lawal-Akapo.
Okorodudu and his transport firm, Cross Country Limited, were charged alongside another company, Car Link Limited.
The defendants are facing an eight-count charge of conspiracy, stealing, forgery and altering.
The EFCC alleged that the defendants stole the money through the fraudulent sale of 17 units of Volkswagen Transporter buses, belonging to AG Moeller Limited and Adeloye Olukemi.
When the matter was called on Wednesday, Clarke argued that the court had no jurisdiction to hear and determine the matter.
According to him, the EFCC has no power to prosecute criminal matters at the state high courts.
He said: “The Federal Republic of Nigeria cannot prosecute under a state law.
“How can EFCC be filing a case in Lagos State on behalf of the Federal Government?
“All the 400 cases filed by the EFCC before the Lagos State High Court should be struck out.”
Clarke said it was purely a statutory matter that the EFCC should not be allowed to prosecute cases before state high courts, with or without fiat from the attorney-general.
The counsel to Car Link Limited, Chief Ladi Williams (SAN), also argued that the charge was absurd, as the defendants had already paid for the buses.
Williams said, “the proof of evidence does not disclose a prima facie case against the defendants requiring them to stand trial.”
He said the dispute between the defendants and the complainants was purely a civil matter, which was already being heard before the Federal High Court in Lagos.
The EFCC counsel, Aliu Adebayo, told the court that the EFCC needed more time to respond to the application.
Adebayo, therefore, asked the court for an adjournment, to enable the EFCC to gather some vital documents, which would be attached to their application.
However, the judge expressed dissatisfaction with the conduct of the EFCC, noting that Adebayo’s excuse for an adjournment was flimsy and unpalatable.
Lawal-Akapo adjourned the matter till March 3 for hearing of arguments on the applications.