For the second time, in less than two weeks, the Court of Appeal, Lagos Division, yesterday refused to hear the appeal instituted by former Oyo State Governor, Rasheed Ladoja, challenging the competence of corruption charges levelled against him by the Economic and Financial Crimes Commission (EFCC).
The appeal which was earlier fixed for definite hearing could not be heard as a result of a defective application filed by counsel to the appellant, Dr. Dapo Olanipekun, from Chief Wole Olanipekun (SAN) chambers.
The court presided over by Justice Ibrahim Saulawa held that in as much as they would like to decongest the court of pending cases, it could only be done if parties filed valid application before the court. Justice Saulawa observed that the appellant’s replied brief was wrongly titled ‘’Respondent Brief’’ instead of ‘’Cross Respondent Brief’’.
The court said, ‘’you must have a valid process before us. The essence of nomenclature is fundamental which must be complied with.”
When the court asked if the liberty of Ladoja was at stake, his lawyer responded ‘’his liberty is not at stake but his integrity is at stake.’’ Taking the hint of the court, Ladoja’s counsel sought for a short adjournment to enable him make necessary corrections.
Counsel to EFCC, Gloria Albert Ekpe, did not object to adjournment and the court thereafter adjourned the appeal to June 20 for hearing. Ladoja, through his counsel, Chief Wole Olanipekun (SAN), had in his appeal filed in March 2010 prayed the court for an order quashing the criminal charge made against him by the EFCC.
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