The Federal High Court has adjourned hearing of all pending applications in an alleged 32 billion naira charge filed by the Attorney General of the Federation against Fidelity Bank Plc and three others.
Justice Ambrose Lewis-Allagoa adjourned the case to enable the Federal government file and serve on the defendants, an application seeking an order of the court to compel their attendance for arraignment and trial.
The Federal Government had filed an eight-count charge of alleged conspiracy, conversion, obtaining by false pretences, forgery, fraud, and money laundering against the defendants.
The defendants are Fidelity Bank, its Managing Director and CEO, Nneka Onyeali-Ikpe; a lawyer, Victor Ukutt; and one Whoba Ugwunna Ogo (who is said to be currently at large).
Only Mr Ukutt was present in court on Thursday.
During Thursday’s proceedings, the Attorney General’s office was represented by prosecutor, Chelsy Emezina, while a Senior Advocate of Nigeria, Femi Falana, represented the 1st and 4th defendants (Ukutt and Ogo). Fidelity Bank and its CEO were represented by another Senior Advocate of Nigeria, Ayodele Akintunde.
While, Muiz Banire (SAN) represented the nominal complainant, Woobs Resources Limited.
The matter was initially fixed for hearing of the defendants’ application for the court to dismiss the charge on grounds of lack of jurisdiction and abuse of process.
But, the prosecutor said the Motions are not ripe for hearing. In her oral arguments based on section 396(1) and (2) of the Administration of Criminal Justice Act, 2005, she said that, in a criminal matter the defendant must first submit to the authority of the court by taking his plea before the court can hear any objections to the charge.
But, Mr Falana raised an objection to the prosecutor’s oral submissions, saying there has been no written response from the Office of the AGF to the preliminary objections of the defence.
In a brief ruling, the court told the prosecution to respond in writing to the applications of the defence, and to also file a motion for the court to compel the attendance of the defendants for arraignment, which the defendants will respond to, through their counsel.
The court asked parties to inform the Registrar of an agreed date for hearing of all applications.
In the charge, the four defendants were all accused of conspiring between 2011 and 2023 to convert a sum of about N32billion from Woobs Resources Limited’s account with Fidelity Bank.
The alleged offences are said to violate sections of the Money Laundering (Prohibition) Act, 2011 (as amended).
But, the defendants have stated that the matter involved a dispute over the ownership of shares in the complainant’s account, which is currently before the Court of Appeal.
