Justice Ibrahim Kala of the Federal High Court in Lagos has ordered Dr Daphne Dafinone, a board member of the Nigerian Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL), to appear before him on May 5 to enter her plea in an alleged N100 million fraud case.
Justice Kala gave the order after dismissing a preliminary objection filed by her lawyer, Fidel Albert, challenging the validity of the charges and the court’s jurisdiction to hear the case.
The police had charged Dafinone and her company, CEDDI Corporation Limited, before the court over allegations of fraud amounting to N100 million, as outlined in charge number FHC/C/661C/24.
The charges originated from a petition by a property developer, Prince Lukman Adeleke, who alleged that between April and December 2019, Dr Dafinone and others conspired to defraud him of N100 million.
The petitioner told the police that his company, Lukman Communications Limited, was negotiating with CEDDI Corporation Limited to purchase a property located at 93 Broad Street, Lagos Island.
He alleged that despite receiving N100 million as part of the deal, Dr Dafinone sold the property to another buyer, Mrs Ganiyat Ulom.
When Adeleke discovered that the property had been sold, he instructed his solicitors to issue a memorandum of claim to CEDDI Corporation Limited and Mrs Ulom.
However, both parties reportedly ignored the notice, leading Adeleke to file a lawsuit in the Lagos State High Court.
In a previous court session, Dr Dafinone‘s lawyer, Dapo Akinosun (SAN), informed the court that she was in London receiving medical treatment. He assured the court that she would return to Nigeria on January 28, 2025, and be available for arraignment.
At the resumed hearing of the case, Albert announced his appearance as the new defence counsel.
The prosecution, represented by Anthony Iyeye, a Superintendent of Police, asked the court to issue a bench warrant for Dafinone’s arrest due to her absence.
In response, Albert informed the court that he had submitted an application challenging the competence of the charges and the court’s jurisdiction.
Justice Kala allowed arguments on the application but ultimately ruled that Dafinone must appear in court before any applications could be considered.
The judge cited Section 396(2) of the Administration of Criminal Justice Act (ACJA) 2015 to support his decision to dismiss the preliminary objection.
He adjourned the case to May 5, 2025, and ordered that the defendant be present for her arraignment on that date.
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