N855m fraud: EFCC challenges purported release of convicted Indian, others, by LASG, says is illegal, unconstitutional
By Jude-Ken Ojinnaka
The Economic and Financial Crimes Commission (EFCC) on Thursday asked the Appeal Court, Lagos division to declare as illegal, unconstitutional, null and void the purported pardon and release of convicted Indian businessman Ashok Israni and three others on the directive of Lagos State Government.
Recall that Justice Kudirat Jose of the Lagos State High Court sitting in Igbosere, had on December 9, 2019, convicted Ashok Israni, and two officials of Keystone Bank, Anayo Nwosu and Olajide Oshodi, on an amended 15-count charge bordering on conspiracy and obtaining by false pretence to the tune of N855 million.
The Judge had in the judgement sentenced them to five years imprisonment each for stealing. Besides, the judge also convicted NULEC Industries Limited belonging to Israni and Keystone Bank Limited.
The company was ordered to pay a fine of N20 million to the Federal Government on counts 1, 10 and 13, while the convicts were ordered to restitute the sum of N395 million to the victim of the fraud.
Dissatisfied with the judgement, Israni and other convicts in their separate appeals at the Appeal Court challenged the judgement of the lower court and urged the appellate court to allow the appeals, and set aside the judgement of the lower court.
However, while the appeals were still pending, and just four months after their conviction, the Appellants were released from prison by officials of the Kirikiri Centre of the Nigerian Correctional Services (NCoS), allegedly on the directive of the Lagos State Government, despite the pendency of their appeals before the Appeal Court.
In view of this development, the EFCC approached the Appeal Court to challenge the directive of the Lagos State Government releasing the convicts.
When the appeal of Israni was called up for hearing on Thursday, the EFCC counsel Rotimi Jacobs (SAN) addressed the court.
While addressing the special panel of Justices of Appeal Court comprising Justice Joseph Shagbaor Ikyegh (Presiding), Justice Ebiowei Tobi, and Justice B. I. Ga on Thursday, during the hearing of the appeal filed by Israni, and two officials of Keystone Bank, Anayo Nwosu and Olajide Oshodi, EFCC counsel Rotimi Jacobs (SAN) submitted that there are plethora of legal authorities that pardon cannot be granted to convicts whose rights of appeal have not been exhausted.
Rotimi Jacobs (SAN) adopted his brief of argument dated April 27, 2023, and submitted that there are several legal authorities to the effect that pardon cannot be granted to convicts whose rights of appeal have not been exhausted.
He urged the court to declare the purported pardon ‘illegal’ since the appellants’ appeals had been filed and entered since February 13, 2020, though, it could not be heard due to the outbreak of the COVID-19 pandemic, which forestalled judicial activities.
The EFCC further stated that immediately after one of the appellants, Anayo Nwosu was released, he allegedly made so many publications on many social media platforms stating that he was wrongly convicted, jailed and maltreated because of the whims and caprices of the nominal Complainant.
He urged the court to dismiss the appeal, and uphold the judgement of the lower court.
Earlier, Counsel to the Appellants, Chief Wole Olanipekun (SAN) and Mr. Biodun Owonikoko (SAN) adopted their briefs of arguments and urged the court to allow the Appeal, set aside the judgement of the lower court and acquit all the Appellants of all the charges filed against them.
In his submissions, Chief Olanipekun (SAN) informed the court that the Appellants have filed an affidavit of facts which contained the instrument of the pardon granted to them by the Lagos State government, stating that it was the State that charged them to court, and it was the State that granted them bail due to upsurge in COVID-19.
After hearing arguments from parties, Justice Ikyegh reserved the appeal for Judgement, adding that parties will be communicated.