An Ikeja Special Offences Court has fixed September 21 for ruling on an application filed by the Managing Director of First Nation Airways, Mr Kayofe Odukoya seeking to quash a N1.7 billion theft charge proffered against him.
The Economic and Financial Crimes Commission is prosecuting Odukoya alongside First Nation Airways and Bellview Airline.
They are facing a four-count charge bordering on forgery, use of false document, perjury and stealing, before Justice Mojisola Dada.
At the resumed sitting on Friday, Odukoya’s counsel, Mr Olawale Akoni (SAN), said they had filed a preliminary objection dated April 30.
Akoni prayed the court to strike out the charges against his client for lack of jurisdiction.
He said the application was supported by an 11-paragraph affidavit.
The defendants said in their objection that the charge by the EFCC dated December 11, 2017, contravened Sections 249, 252 and 77 of the Administration of Criminal Justice Law (ACJL), No. 10, 2011.
He argued that the Information/Charge No. ID/239C/2012 filed against the applicants does not comply with Section 249 of the ACJL as stated above.
According to him: “Section 249 of the ACJL stipulates that prosecutorial authority before the High Court of Lagos State shall be exercised only in the name of `The State of Lagos’.
Opposing the application, EFCC counsel, Mrs. Zainab Ettu, argued that the anti-graft agency did not require a fiat from the attorney-general of Lagos State to prosecute the case.
She urged the court to dismiss the application on the grounds that it lacked merit and constituted abuse of court processes.
The EFCC had claimed that Odukoya and the other defendants committed the offences on March 21, 2013.
According to the commission, the defendants forged the Memorandum of Loss of Lagos State Certificate of Occupancy registered as No. 33 on Page 33, Volume 1011 at the Lagos State Land Registry, Alausa, Ikeja.
It said that the defendants intended that the document would be acted on as genuine.
The anti-graft agency said the forged document is in respect of a property located at No. 29, Oduduwa Street, Ikeja GRA.
It said that Odukoya used the false document and also gave false information on oath concerning the loss of the certificate of occupancy at the Lagos State Land Registry.
The anti-graft agency added that Odukoya stole and converted N1.7 billion belonging to Skye bank for his own use, on October 7, 2016.
It said that the alleged offences violate Sections 85, 86(1) 278(1) (b), 285, 361(1) (a) and (b), 363 and 364 (1) of the Criminal Law of Lagos State, 2011.
