Justice Ambrose Lewis-Allagoa of a Federal High Court in Lagos will on June 5 hear all pending motions in the N32 billion alleged fraud case filed by the Attorney General of the Federation (AGF) against Victor Ukutt and Whoba Ugwunna Ogo (reportedly at large).
The case involves allegations of unlawful conversion of funds belonging to Woobs Resources Limited.
The court set the date following a request by the prosecution lawyer, E.T.C. Emezina, for more time to respond to a jurisdictional challenge raised by the defendants.
When the case was called on Wednesday, Emezina appeared for the prosecution, while Femi Falana, SAN, represented the first and third defendants. Ayodele Akintunde, SAN, appeared for the second defendants Emezina informed the court that the first defendant, Ukutt, was present and should be ordered into the dock, being a criminal matter.
She also noted a pending motion seeking to compel Ukutt’s appearance in the dock and urged the court to prioritize its hearing.
Falana opposed the request, citing a preliminary objection challenging the court’s jurisdiction.
He argued that jurisdictional issues take precedence and must be determined before any further steps in the proceedings.
He urged the court to dismiss the prosecution’s application.
Justice Lewis-Allagoa agreed that the application challenging jurisdiction must be heard and determined first.
Upon agreement by the parties, the court adjourned the matter to June 5 for hearing of the preliminary objection.
The Federal Government had earlier filed an eight-count charge against the defendants, accusing them of conspiracy, fraudulent conversion, obtaining by false pretenses, forgery and money laundering.
The prosecution alleged that between 2011 and 2023, the defendants conspired to fraudulently convert about N32 billion from Woobs Resources Limited’s bank account in violation of the Money Laundering (Prohibition) Act, 2011 (as amended).
In response, the defendants filed preliminary objection under Section 305(1)(a) of the Administration of Criminal Justice Act, 2015, and Sections 6(a), (b), and 295 of the Constitution. They are asking the court to dismiss the charges for lack of jurisdiction and abuse of process.
The defendants also seek a stay of proceedings pending resolution of a share ownership dispute over Woobs Resources Limited, which is before the Court of Appeal in Suit No. CA/L/343/2020. They argued that the criminal charges stem from a corporate dispute arising from a Joint Venture Agreement between the fourth defendant and the nominal complainant, Mr. James Onyemenam.
Echezona Okafor.
