By Lukman Olabiyi
Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos, has adjourned the planned arraignment of a lawyer, Victor Ukutt, a new generation bank, and one other accused of converting N32 billion to their personal use to May 21.
Justice Lewis-Allagoa fixed the date to hear the criminal case filed by the Attorney General of the Federation (AGF) due to the failure of prosecution to serve the amended charge on some of the defendants.
The Federal Government has filed a charge 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 were accused of conspiring between 2011 and 2023 to fraudulently convert about N19 billion from Woobs Resources Limited’s account with the bank.
The government claimed that the funds were unlawfully acquired through theft and fraud, which violates sections of the Money Laundering (Prohibition) Act, 2011 (as amended).
The case involves allegations of the unlawful conversion of approximately N32 billion belonging to Woobs Resources Limited.
The defendants are yet to take their pleas.
At the resumed hearing of the case yesterday, the prosecutor, Eze Emezina, informed the court that an amended charge had been filed and served on all parties.
However, counsel to the first and fourth defendants, Femi Falana (SAN), told the court that his clients had not received the amended charge.
He requested additional time to respond and asked for a short adjournment.
In response, the prosecutor indicated his willingness to abandon the amended charge and proceed with the original one in order to expedite the trial.
Falana objected, arguing that only the AGF has the constitutional authority under Section 174 ,to amend or withdraw charges and that any such action must be taken with the AGF’s explicit consent.
In response, Emezina maintained that she had the AGF’s authorisation to amend or withdraw the charges pursuant to Section 174(2) of the Constitution.
Justice Alagua directed the prosecution to be patient and allow the defendants adequate time to respond to the amended charge.
He adjourned the matter to May 21, for the hearing of all pending applications.
The defendants had filed preliminary objections 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 dismiss the charges on the grounds of lack of jurisdiction and abuse of process.
They also requested a stay of proceedings, pending the resolution of a share ownership dispute involving Woobs Resources Limited, which is currently before the Court of Appeal in Suit No. CA/L/343/2020.
The defendants contend that the criminal charges arise from a corporate dispute over ownership of shares in Woobs Resources Limited, stemming from a joint venture agreement,involving the 4th defendant and the nominal complainant, James Onyemenam.