The Economic and Financial Crimes Commission on Monday urged a Lagos High Court, Ikeja to order the arrest of the Managing Director of a major transport firm, Cross Country Limited, Mr. Bube Okorodudu, to face the N82.8m theft charges preferred against him.
EFCC counsel, Mr. Emmanuel Jackson, urged the court presided over by Justice Lateef Lawal-Akapo to issue a bench warrant against the defendant following his absence from court.
But the defendant’s counsel, Chief Robert Clarke (SAN), opposed the application for a bench warrant.
Clarke argued that the court lacked the power to make such an order when his client was still challenging the court’s jurisdiction to entertain the matter.
The defendant has a pending application for quashing of the charges before the court.
Okorodudu and Cross Country were charged alongside Car Link Ltd with eight counts of conspiracy, stealing, forgery and uttering (using of forged documents).
The anti-graft agency alleged that the defendants stole the money through the fraudulent sale of 17 units of Volkswagen transporter buses belonging to AG Moeller Ltd and Mr. Adeloye Olukemi.
Car Link Ltd’s lawyer, Chief Ladi Rotimi William (SAN), was absent from court on Monday.
Okorodudu had been absent from court since the charges were instituted against him.
Jackson urged Justice Lawal-Akapo on Monday to evoke the provisions of sections 79 and 80 of the Administration of Criminal Justice Law of Lagos State.
He said, “We apply for a bench warrant against the defendant. By the combined provisions of sections 79 and 80 of the Administration of Criminal Justice Law of Lagos State, this honourable court can issue a warrant for the arrest of the defendant.”
But Clarke, relying on four previous decisions of the Supreme Court, maintained that making such an order of arrest when the court had yet to assume jurisdiction, would be in contravention of the superior judicial authorities.
He said, “The issue is whether the accused person needs to be present when a motion challenging the jurisdiction of the court is being determined.
“The totality of the four Supreme Court decisions that I have cited is that until your Lordship determines the issue of jurisdiction, your Lordship cannot make any judicial pronouncement.
“Issuing bench warrant is a judicial pronouncement and it has to be made within jurisdiction, not outside it. Making such order without alignment to the Supreme Court will amount to judicial rascality.”
The judge adjourned the matter till April 8 for further proceedings. He directed the parties to exchange written addresses on the issue before then.
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