Lawyer challenges court jurisdiction in N32bn fraud case

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The Federal High Court in Lagos, presided over by Justice Ambrose Lewis-Allagoa, has adjourned to June 5, 2025, for the hearing of all pending applications in a criminal case involving an alleged N32bn fraud.

The case, filed by the Attorney General of the Federation, is against a lawyer, Victor Ukutt, another defendant, Whoba Ugwunna Ogo (reported to be at large), and a bank, over the alleged unlawful conversion of funds belonging to Woobs Resources Limited.

When the matter came up on Wednesday, prosecution counsel, E.T.C. Emezina, appeared on behalf of the Federal Government.

Femi Falana (SAN) represented the first defendant, Ukutt, while Ayodele Akintunde (SAN) appeared for the second and third defendants.

Emezina urged the court to compel Ukutt to enter the dock, emphasising the criminal nature of the charge.

She also referenced a pending motion seeking to enforce his appearance and asked the court to prioritise the application.

However, Falana opposed the request, citing a preliminary objection challenging the jurisdiction of the court to hear the charge.

He argued that jurisdictional issues are fundamental and must be addressed before any further proceedings.

Justice Lewis-Allagoa, in a brief ruling, agreed with the defence, affirming that the jurisdictional objection should be heard first.

With the consent of all parties, the court adjourned the matter to June 5, 2025, for the hearing of the preliminary objection.

The defendants face eight counts bordering on conspiracy, obtaining by false pretences, fraudulent conversion, forgery, and money laundering.

The prosecution alleges that between 2011 and 2023, the defendants conspired to fraudulently convert N32bn from Woobs Resources Limited’s bank account, in violation of the Money Laundering (Prohibition) Act, 2011 (as amended).

The defence has filed a preliminary objection pursuant to Section 305(1)(a) of the Administration of Criminal Justice Act, 2015, and Sections 6(a), (b), and 295 of the 1999 Constitution (as amended), asking the court to strike out the charge for lack of jurisdiction and on grounds of abuse of court process.

They also requested a stay of proceedings pending the outcome of an appeal in Suit No. CA/L/343/2020 before the Court of Appeal.

The appeal relates to a dispute over the shareholding and control of Woobs Resources Limited.

According to the defence, the criminal charge stems from a commercial disagreement arising from a Joint Venture Agreement between the fourth defendant and the nominal complainant, Mr. James Onyemenam.

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