By Onyewuchi Ojinnaka
Justice Mohammed Liman of a Federal High Court Lagos Nigeria on Wednesday issued suspended warrant of arrest against Chief Executive Officer (CEO) of ABD Energy Solutions Mr Kenneth Ndubuisi Amadi for his persistent failure to attend the court for arraignment.
According to the judge who frowned at the persistent absence of the defendant, the execution of the arrest is suspended till the next adjourned date and will only be executed if the defendant fails to be physically present in next adjourned date.
Amadi was accused of obtaining the sum of N2.9 billion belonging to his former employer, Eunisell Limited, by false pretense with intent to defraud, from A-Z Petroleum and AMMASCO International Ltd.
He was charged to court by the Inspector general of police but was yet to be arraigned.At the last date the matter came up. for arraignment, the defendant was not in court and the matter was further adjourned to Wednesday November 4 for report of settlement or arraignment.
When the matter was called on Wednesday, Mr Aliyu who announced appearance for the prosecution told the court that the defendant was not in court despite the assurance last date by his counsel that his client would be in court next adjourned date.
” My lord, the matter is slated for arraignment but the 1st and 2nd defendants are not in court.
“My lord, at the last adjourned date when the defendant failed to be in court, my lord said that the court would be compelled to issue warrant of arrest against the defendant if he fails to be in court next sitting.
“This is about six adjournments due to persistent absence of the defendant and the prosecution has not faltered.
When called upon to tell the court why the defendant was not in court, defence counsel Mr O.J. Akinwale said that the parties are exploring amicable settlement. The judge interjected by asking the defence counsel to explain why the defendant was persistently not in court to take his plea.
The judge said that even if the parties have agreed on terms of settlement, the defendant should be in court.The judge was not convinced by the explanation of the defence counsel and asked him to ensure that the defendant is in court next adjourned date.
He issued a suspended warrant of arrest against the defendant, saying that the order becomes automatic if Kenneth Ndubuisi Amadi fails to be in court next sitting.
“Amadi has persistently failed to attend the court for his arraignment. It is a cause for serious concern.”Court to issue suspended warrant of arrest but it automatically becomes executable if he fails to attend the court on 16th of December, 2020, the judge ruled.
Amadi was alleged to have obtained the sum of N2.9billion belonging to his former employer, Eunisell Limited, by false pretense with intent to defraud, from A-Z Petroleum and AMMASCO International Ltd.
According to the charge, the defendants alleged offences include receiving and obtaining by false pretence, with intent to defraud, the sum of Two Billion, Nine Hundred Million Naira (2,900,000,000) belonging to Eunisell Ltd, from A-Z Petroleum Ltd and AMMASCO International Ltd; omitting to make full and true entry thereof in the books and accounts; suppression of data in respect of the financial transfer to Eunisell Ltd; and converting same amount without authority inorder to create sufficient deposits to promote the credibility of his own company (IDID Nigeria Limited).
The alleged offences are contrary to Section 1(1)(a) of the Advance Fee Fraud and other Fraud Related Offences Act, Cap A6, Laws of the Federation of Nigeria, 2004 and punishable under Section 1(3) of the same Act.
