The Federal High Court sitting in Lagos has adjourned the hearing of all pending applications in an alleged ₦32 billion fraud case filed by the Attorney General of the Federation (AGF) against Fidelity Bank Plc and three others.
Justice Ambrose Lewis-Allagoa adjourned the case on Thursday to allow the Federal Government to file and serve an application seeking a court order to compel the defendants’ attendance for arraignment and trial.
The defendants include:
- Fidelity Bank Plc
- Nneka Onyeali-Ikpe, Managing Director and CEO of Fidelity Bank
- Victor Ukutt, a lawyer
- Whoba Ugwunna Ogo, who is said to be at large
Only Mr. Ukutt was present in court on Thursday.
During the session, the Attorney General’s office was represented by prosecutor Chelsy Emezina, while Senior Advocate of Nigeria (SAN) Femi Falana represented the 1st and 4th defendants (Ukutt and Ogo). Fidelity Bank and its CEO were represented by Ayodele Akintunde (SAN), while Muiz Banire (SAN) represented the nominal complainant, Woobs Resources Limited.
The matter was initially scheduled for the hearing of the defendants’ application seeking to dismiss the charges on the grounds of lack of jurisdiction and abuse of process.
However, the prosecutor argued that the motions were not ripe for hearing. Citing Section 396(1) and (2) of the Administration of Criminal Justice Act, 2015, she maintained that in a criminal trial, a defendant must first take a plea before raising objections to the charges.
Falana, however, objected, arguing that the AGF’s office had not filed a written response to the defense’s preliminary objections.
In a brief ruling, the court directed the prosecution to submit a written response to the defense’s applications and to file a motion seeking to compel the defendants’ attendance for arraignment. The court further ordered that the defendants would respond through their counsel.
The court instructed all parties to agree on a date for the hearing of all applications and inform the court registrar accordingly.
The four defendants are accused of conspiring between 2011 and 2023 to convert approximately ₦32 billion belonging to Woobs Resources Limited, which was deposited in a Fidelity Bank account.
The alleged offenses violate sections of the Money Laundering (Prohibition) Act, 2011 (as amended).
However, the defendants have argued that the case is a share ownership dispute involving the complainant’s account, which is currently before the Court of Appeal.
-The Nigeria Lawyer
