The former lawmaker representing Ipaye/Malete/Oloru Constituency in the Kwara State House of Assembly, Hon Mohammed Adebayo, has lost bid to stop the criminal proceedings brought against him by the Economic and Financial Crimes Commission ( EFCC).
The EFCC had sometime in July last year arraigned the immediate past lawmaker on a six count charge bordering on land scam before Justice Sikiru Oyinloye of the Kwara State High Court sitting in Ilorin.
One of the charges read: “That you, Mohammed Adebayo, sometimes in July 2013 in Ilorin within the jurisdiction of this honourable court with intent to defraud and obtained the sum of N950,000 from one Mary Omowunmi Kolade on the false pretence that three plots of land (situated at Malete, Moro Local Government Area of Kwara State) which you sold to her belonged to you, a representation you knew to be false punishable under section 1 of the Advance Fee Fraud and other fraud related offences.”
The defendant pleaded not guilty to all charges.
At the last adjourned date, defence counsel, I. Abdulazeez, drew the attention of the court to a letter written by the nominal complainants in the case.
According to him, “The nominal complainants have written a letter to the Economic and Financial Crimes Commission ( EFCC) on their intention to withdraw their petition against Adebayo.”
He therefore prayed the court to strike out the case and discharge the defendant.
However, the prosecution counsel, Sesan Ola, vehemently opposed the applicaton, saying the EFCC was the complainant in the matter.
“My Lord, this application lacks merit. The nominal complainant is not known in law. EFCC is the complainant in this case, we have two witnesses in court and they are ready to testify. I want this honourable court to reject the application.”
Ruling on the matter, Justice Oyinloye said the application lacked merit, adding that it was only the Attorney General of the Federation that has power to withdraw the charges, not the nominal complainants or an accused person.
He therefore described the steps taken by the defence counsel and nominal complainants as ‘very weird, uncanny and strange procedure in the administrative criminal justice system’.
The case was thereby adjourned till 26th of February 2020 for the prosecution to open its case.