The Economic and Financial Crimes Commission (EFCC) has arraigned businessman Oladipo Akanle and his company, Avalanche Trade 1307, before the Lagos State High Court in Ikeja over the alleged theft of N23 million mistakenly transferred into his bank account.
The defendants appeared before Justice Ismail Ijelu yesterday over the alleged offence, which EFCC prosecutor James Banjo said occurred in January 2023. According to the prosecution, the money belonged to Chinedu Iyizoba and entered Akanle’s account through an accidental transfer.
Banjo told the court that the alleged offence violated Section 278(2)(a) of the Criminal Law of Lagos State, 2011. Akanle, however, pleaded not guilty to the charge.
Following the plea, the prosecutor asked the court to fix a trial date and remand the defendant in a correctional centre. He also informed the judge that defence counsel Lanre Ogunlese (SAN) had just served him with a bail application.
Moving the application, Ogunlese urged the court to release Akanle into his custody, assuring the judge that his client would attend all court proceedings. He disclosed that Akanle had refunded N10 million to the complainant, leaving an outstanding sum of N13 million.
The senior lawyer appealed to the court to consider the part payment and exercise its discretion in favour of the defendant. He described Akanle as being like a son to him, explaining that the businessman’s late father was his former schoolmate and died in a plane crash while travelling to Malawi. He added that their families were close and that he had promised to handle the case personally.
Ogunlese further stated that a magistrate’s court had previously discharged Akanle in an earlier proceeding and assured the judge that his client would not jump bail.
In his ruling, Justice Ijelu granted the bail request and ordered Akanle’s release to Ogunlese pending trial. The judge directed the Senior Advocate to provide a written undertaking to produce the defendant at every trial sitting, unless otherwise directed.
The court has yet to determine the allegations against Akanle and his company.
What does this ruling suggest about the role of partial repayment in bail decisions?
