Fidelity Bank Plc and three others have challenged the jurisdiction of a Federal Excessive Court docket sitting in Lagos to listen to a cost filed by the Attorney General of the Federation (AGF) in opposition to them on prices of alleged conversion of about N32 billion, belonging to an organization, Woobs Assets Restricted.
This was disclosed earlier than Justice Ambrose Lewis-Allagoa on Wednesday at a scheduled arraignment of the financial institution, its chief govt officer and two different people.
The Federal Authorities had filed an eight-count cost of the alleged conspiracy, conversion, acquiring by false pretences, forgery, fraud, and cash laundering in opposition to the defendants.
Listed as defendants are Fidelity Bank, its Managing Director and CEO, Dr. Nneka Onyeali-Ikpe, a authorized practitioner, Victor Ukutt, and one Whoba Ugwunna Ogo (who is alleged to be presently at massive).
Within the cost, they have been all accused of conspiring between 2011 and 2023 to transform a sum of about N32billion from Woobs Assets Restricted’s account, an organization whose account is domiciled with Fidelity Bank PLC,
The federal government claims this cash was unlawfully obtained via theft and fraud.
The alleged offences are stated to violate sections of the Cash Laundering (Prohibition) Act, 2011 (as amended).
On the proceedings on Wednesday, the Lawyer Common’s workplace was represented by a public prosecutor, Mrs Chelsy Emezina, whereas the Senior Advocate of Nigeria, Femi Falana, represented the first and 4th defendants (Ukutt and Ogo). Fidelity Bank and its CEO have been represented by one other Senior Advocate of Nigeria, Ayodele Akintunde.
The prosecutor knowledgeable the court docket that the arraignment was scheduled for right this moment and that each one however the 4th defendant had been served listening to notices.
The prosecutor requested a bench warrant for the 4th defendant in accordance with Part 113 of the Administration of Prison Justice Act, 2023.
Nevertheless, Falana opposed this, arguing that the court docket lacked jurisdiction to entertain the cost, because it was an abuse of court docket course of.
He famous that the matter concerned alleged theft from an organization, which was already into account by the Court docket of Appeal.
Falana additionally identified that the 4th defendant, Whoba Ugwunna Ogo, was overseas for medical therapy and had not been served with the cost.
He requested the court docket to reject the request for a bench warrant because of the lack of proof of service.
Akintunde, in an identical submission, advised the choose that his purchasers had filed functions difficult the jurisdiction of the court docket to listen to the go well with.
After listening to from all events, Justice Lewis-Allagoa declined to difficulty a bench warrant, emphasising that such a measure would solely be applicable for defendants who fail to look after being served.
The choose adjourned the matter to March 27, 2025, to listen to the functions difficult the court docket’s jurisdiction.
Within the functions introduced pursuant to Part 305(1)(A) of the Administration of Prison Justice Act, 2015, and Sections 6(A) & (B) and 295 of the Structure, the defendants are asking the court docket to dismiss the cost attributable to lack of jurisdiction and abuse of course of.
In addition they search a keep of proceedings, pending the decision of a dispute over the possession of shares in Woobs Assets Restricted, which is presently earlier than the Court docket of Appeal in Swimsuit No. CA/L/343/2020.
The defendants argue that the cost arose from a dispute in regards to the possession of shares in Woobs Assets Restricted, stemming from a Joint Enterprise Settlement involving the 4th defendant and the nominal complainant, Mr James Onyemenam. The difficulty of possession was initially delivered to the Federal Excessive Court docket in 2011 in Swimsuit No. FHC/L/CS/1232/2011.
The Federal Authorities has accused Fidelity Bank and Dr Onyeali-Ikpe of failing to confirm the identification of people conducting unauthorised transactions on Woobs Assets Restricted’s account regardless of receiving warnings in 2011. This motion, in line with the FG, allegedly aided Victor Ukutt, Whoba Ugwunna Ogo, and others in stealing N32 billion from the corporate’s account.
These offences are opposite to and punishable below a number of sections of the Cash Laundering (Prohibition) Act, the Superior Payment Fraud and Different Associated Offenses Act, and the Cybercrimes Prohibition Prevention Act 2024.
