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Showing posts with label Intercontinetal Bank. Show all posts
Showing posts with label Intercontinetal Bank. Show all posts

Wednesday, 4 August 2010

Akingbola Returns, May Report to EFCC Today

Former Vice-Chairman and Chief Executive Officer of Intercontinental Bank Plc, Dr. Erastus Akingbola, made a surprise return to the country yesterday and is said to be ready to challenge allegations levelled against him by the Central Bank of Nigeria (CBN). Akingbola, who has been in the United Kingdom since the CBN removed him and other bank CEOs last year, arrived Abuja in the morning. He was received by close family members as well as his lawyer, Chief Felix Fagbohungbe (SAN).

"Akingbola's voluntary return to the country is to defend himself of all allegations against him in the law courts. His return shows that he is not afraid to face trial in proper courts of law. He is presently consulting with his legal team and the outcome of these consultations would determine his next steps," a family source said last night, hinting that Akingbola may report to the office of the Economic and Financial Crimes Commission (EFCC) today. Akingbola "emphatically denies all allegations of wrong-doing or improper conduct", the source added, disclosing that the former CEO has challenged the legal validity of his removal from office as Group Chief Executive of the Intercontinental Bank Plc by way of Judicial Review.

On August 14, last year, the CBN governor, Mallam Sanusi Lamido Sanusi, had sacked the senior management teams of five banks - Afribank, Finbank, Intercontinental Bank, Oceanic Bank and Union Bank - and injected N420 billion, saying lax governance had left them dangerously undercapitalised. Akingbola has challenged the legal validity of his removal, maintaining that he was the target of the CBN action. Akingbola and Sanusi had reportedly had some disagreements over de-marketing when Sanusi was the CEO of First Bank of Nigeria Plc. The former Intercontinental Bank boss had alleged that First Bank was de-marketing Intercontinental Bank and even placed an advertorial to that effect in some newspapers but did not mention First Bank or the name of its CEO.

The advert referred to "one of the old generation banks whose CEO had an ambition to become the Governor of the CBN". De-marketing is a term used to describe competitors trying to pull down one another. Akingbola left the country shortly before his removal and EFCC filed charges against him and other directors of the bank. The directors were arraigned by the EFCC on a total of 131-count charge bordering on fraud, concealment and granting loans without adequate collateral running into about N700 billion.

They were alleged to have committed offences contrary to and punishable under Sections Section 20(b) (7), 28 (1,2, and 3), 24 and 50 of the Banks and Other Financial Institutions Act (BOFIA) Cap B3, Laws of the Federation, 2004; Section 422 of the Criminal Code Act, Cap C38 Laws of the Federation, 2004. In a statement earlier this year, Akingbola's counsel, Mr. Charles Nwajagu, had indicated that Akingbola was ready to come back to Nigeria as soon as the suit in London would have been given mention in court, saying that the suit required his personal attention.

The case, mentioned in London court on July 14, 2010, was adjourned till December, 2010. According to the counsel, all the transactions conducted under Akingbola's stewardship were legitimate and lawful and that he never wrongly took or misappropriated any funds whatsoever. He said if there were any allegations against Akingbola, they should be left up to an impartial and fair court to decide, stressing that by resorting to trial in the court of public opinion through the media, his accusers are turning themselves into the complainant, the prosecutor and the judge.

"He would like to reassure Nigerians that he is and has always been prepared to come home, once he is sure of his personal safety and that of his family, and confident that no steps will be taken to attempt to implicate him in other crimes as a way of forcing him to withdraw his case in court against the CBN. "His whereabouts are known to the United Kingdom authorities. He is not now or ever been in hiding," said the counsel.

Thursday, 8 July 2010

FG asks UK to extradite Akingbola

CONSEQUENT upon a request from the Economic and Financial Crimes Commission (EFCC), the Attorney-General of the Federation (AGF), Alhaji Mohammed Bello Adoke, SAN, has forwarded an extradition request to the British Home Secretary, Home Office, United Kingdom (UK), to arrest and extradite Mr Erastus Akingbola, former Managing Director of Intercontinental Bank, to Nigeria to face trial for charges relating to fraud allegedly committed by him at the bank.

Akingbola was charged with offences of financial misappropriation, money laundering, financial malpractices, corrupt practices and other related offences at the Federal High Court, Lagos.

On August 14, 2009, the Central Bank of Nigeria (CBN) sacked Akingbola, along with four other bank chiefs, on account of what the CBN called excessive high level of non-performing loans in the five banks. Ever since the sack, he is reported to have sought refuse in London.

A Federal High Court sitting in Lagos, on Thursday, December 31, 2009, had granted a Mareva injunction, freezing local and international assets of Akingbola, amounting to N346,185,841,243.75 and £1,085,515.00.

The assets on which the order was granted include, but are not limited to: shares held in listed companies in Nigeria, including, Intercontinental Bank Plc and Access Bank Plc, among others; shares held in other companies in Nigeria, including but not limited to Tropics Securities Limited; Tropics Property Limited; Tropics Holdings Limited; Summit Finance Company Limited; Tropics Finance & Investments Company Limited; Yankuri Nigeria Limited; Regal Investment Nigeria Limited and Bankinson Nigeria Limited.

The U.S. legal definitions website, explained that a Mareva injunction was a type of court order “of interlocutory relief designed to freeze the assets of a defendant, in appropriate circumstances, pending the determination of a plaintiff’s claim. Mareva injunction is often used to prevent a defendant from transferring assets out of thecourt’s jurisdiction as soon as a claim is served, in order to frustrate enforcement of any ensuing judgment”.

This was attributed to poor corporate governance practices, lax credit administration processes and the absence or non-adherence to the bank’s credit risk management practices and having acted in a manner detrimental to the interest of their depositors and creditors.

In the letter of request, the AGF explained that: “The request for the extradition is made pursuant to the Extradition Act (Designation of Part 2 Territories) Order 2003 (SI2003 No.3334) of the United Kingdom.”

The purpose of the request, the AGF explained, was for the extradition to Nigeria of Mr Akingbola for him to stand trial for the offences for which he had been charged.

The request was supported with an affidavit deposed to by Ibeakaku Nkechi Rita, a deputy Superintendent of the EFCC, and a certification signed by Ahmed T. Almakura, Senior State Counsel for the Federal Ministry of Justice.

The AGF prayed the Home Secretary to grant the request in the interest of justice.