Court adjourns suit against defendants over non-service

By Sandra Umeh

A Federal High Court in Lagos, on Monday, adjourned hearing in a case against Victor Ukutt and Whoba Ugwunna Ogo  (at large) over non service of charge.

The News Agency of Nigeria (NAN) reports that the case instituted by the Attorney General of the Federation, involved allegations of conversion of approximately N32 billion belonging to Woobs Resources Ltd.

The charge is pending before Justice Lewis Allagoa.

When the case was called on Monday, Mrs Chelsey Emezina appeared for the prosecution, while Mr Femi Falana SAN and Mr Ayodele Akintunde SAN, appeared for the defendants.

The prosecutor informed the court that she had  filed an amended charge wherein the name of the Managing Director of Fidelity Bank, Mrs Nneka Onyeali-Ikpe was removed from the charge, with proof in the courts file.
In reponse, Falana informed the court that his clients had not been served with the amended charge.

On its part the court indicated to the prosecutor that the proof of service was not also in the court file.

Following the situation, the prosecutor then sought to withdraw the amended charge, leaving the original charge.
She then prayed that the court proceeds to take the motion on notice, as the business of the court for the day.
This, however, was again opposed by the defence counsel.

Falana argued that as an officer of the AG, the prosecutor could not willfully withdraw the charge without the consent of the AG, who solely possessed the powers to do so.
He also argued that if the prosecutor intended  to withdraw the amended charge, it ought to be in writing and not orally.

After several arguments, the prosecutor consented to an adjounment.
The court, consequently, adjourned the case until May 21, for hearing.
The defendants were charged on eight-counts of alleged conspiracy, conversion, obtaining by false pretenses, forgery, fraud and money laundering.

They were accused of conspiring between 2011 and 2023 to convert approximately N32 billion from Woobs Resources Ltd. account.
Government claimed the funds were unlawfully obtained through theft and fraud.

The alleged offences were said to have violated several sections of the Money Laundering (Prohibition) Act, 2011 (as amended).

The defendants, in applications filed under Section 305(1)(a) of the Administration of Criminal Justice Act, 2015  and sections 6(a) & (b) and 295 of the Constitution, sought a dismissal of the charge, for lack of jurisdiction.
They were  also seeking a stay of proceedings, pending the resolution of an appeal, over the ownership of shares in Woobs Resources Ltd.(NAN)