Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos on Thursday fixed May 12 for the hearing of an application seeking to compel the presence of defendants in the charge of alleged conversion of approximately N19 billion involving a new generation bank and three other defendants.
Justice Lewis-Allagoa fixed the date after a lawyer from the office of the Attorney General of the Federation, Chelsey Emezina, insisted that the defendants must be present in court to enter their pleas before the court can listen to their application challenging the court’s jurisdiction to try them.
During the resumed hearing on Thursday, Femi Falana (SAN), counsel for the first and fourth defendants, informed the court that they had filed preliminary objection applications, which had been served on the prosecution.
However, Emezina objected to hearing the preliminary objection, stating that it was not yet ripe for consideration.
Emezina argued that the law stipulates that the defendants must be arraigned before any applications can be heard.
She referred to established legal precedents, including the decision regarding Onnoghen and Sections 221, 396(1), and 382(5) of the Administration of Criminal Justice Act.
In response, the cautioned the prosecutor about her argument, highlighting the distinction between challenging the court’s jurisdiction and addressing a defective charge.
As a result, the judge ordered both parties to file their written briefs regarding which application should be prioritised for hearing.
The defendants in this case include the bank, its Managing Director, Victor Ukutt, and Whoba Ugwunna Ogo, who is currently at large.
The Federal Government has filed a suit marked FHC/L/138C/2025, containing eight counts against the defendants for alleged conspiracy, conversion, obtaining by false pretences, forgery, fraud, and money laundering.
They are accused of conspiring between 2011 and 2023 to fraudulently convert about N19 billion from Woobs Resources Limited’s account with the bank.
The government claims that the funds were unlawfully acquired through theft and fraud, which violates sections of the Money Laundering (Prohibition) Act, 2011 (as amended).
The defendants have filed a motion under Section 305(1)(A) of the Administration of Criminal Justice Act, 2015, and Sections 6(A) & (B) and 295 of the Constitution, seeking to have the charge dismissed due to a lack of jurisdiction and abuse of process.
They also requested a stay of proceedings pending resolving a dispute over the ownership of shares in Woobs Resources Limited before the Court of Appeal (Suit No. CA/L/343/2020).
The defendants argue that the charges stem from a dispute regarding the ownership of shares in Woobs Resources Limited, linked to a Joint Venture Agreement involving the fourth defendant, Whoba Ugwunna Ogo, and the nominal complainant, Mr James Onyemenam.
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