THE Economic and Financial Crimes Commission (EFCC) has asked the Court of Appeal sitting in Lagos to nullify the pardon granted to an Indian businessman, Ashok Israni and three others by the Lagos State Government.
During the hearing of the appeal filed by Israni and two Keystone Bank officials, Anayo Nwosu and Olajide Oshodi, EFCC lawyer Rotimi Jacobs (SAN) told the panel, which includes Justice Joseph Ikyegh, Justice Ebiowei Tobi, and Justice B. I. Gafai. that pardon cannot be granted to prisoners whose rights of appeal had not yet been exhausted.
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On December 9, 2019, Israni, Nwosu, and Oshodi were found guilty on an amended 15-count indictment involving conspiracy and receiving N855 million under false pretences by Justice Kudirat Jose of the Lagos State High Court.
For stealing, the judge gave each of them a five-year prison term.
The court found the bank and Israni’s NULEC Industries Limited guilty.
Additionally, the firms were told to pay the Federal Government a fine of N20 million for counts 1, 10, and 13, and the convicted individuals were instructed to return N395 million to the fraud victim.
The convicts appealed the verdict separately and pleaded with the appellate court to approve their pleas.
The appellants were allegedly released by the Kirikiri Centre of the Nigerian Correctional Services (NCoS) four months later while the appeals were still pending, according to the EFCC. This was allegedly done at the direction of the Lagos State Government.
Jacobs asked the court to deem the pardon “illegal” during the appeal hearing, claiming that the COVID-19 pandemic prevented judicial proceedings from taking place despite the appellants’ appeals having been filed and admitted since February 13, 2020.
The EFCC further asserted that after his release, Nwosu allegedly started posting things on social media claiming that he had been wrongfully imprisoned, found guilty, and treated poorly due to the whims and caprices of the Nominal Complainant.
Jacobs requested that the court reject the appeal and uphold the lower court’s decision.
Earlier, Wole Olanipekun and Biodun Owonikoko, both SANs and lawyers to the appellants, adopted their briefs of argument and asked the court to grant the appeal, overturn the lower court’s decision, and exonerate all of the appellants of all allegations brought against them.
Justice Ikyegh reserved the appeal for ruling after hearing the parties arguments.
A reporter with the ICIR
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