By Jude-Ken Ojinnaka
Justice Akintayo Aluko of a Federal High Court sitting in Lagos has ordered Adolphus Irunokah Peter, a defendant in a criminal charge be issued arrest warrant for failing to appear in court to take plea.
Adolphus, a haulage operator was to appear before the court on Tuesday for arraignment on charges of conspiracy and unlawful diversion of Automotive Gasoline Oil (AGO/diesel) valued at N882.8 million but he failed.
The AGO belongs to Dangote Industries Limited.
Justice Aluko made the order upon an ex-parte motion for the order moved by Eliot Ijie Esq. a Chief Superintendent of Police (CSP)/ prosecutor from Police Special Fraud Unit (PSFU), Ikoyi-Lagos.
The trial judge further ordered that the two trucks with registration numbers, EHR 360 UU and LSD 152 XR, used for the alleged offence, be in the custody of the PSFU till the determination of the charges against Adolphus.
The Police through PSFU filed a 4-count criminal charge marked FHC/L/631c/2023 against the haulage operator, his company Adokhai Global Resources Nigeria Limited and Mr Falako Emmanuel, an accountant with Dangote Industries Limited, over conspiracy, unlawful diversion of 1, 729, 396 million litres of AGO valued N882,804,776.12 million, bribery and corruption.
However, while the charge was pending, Dangote Industries Limited’s accountant Falako Emmanuel, had taken his plea and admitted to bail, but Adolphus and his company persistently and continually failed to appear before the court to take their plea, despite being served with copy of the charge and other accompanying documents through their counsel as ordered by the court
When the matter was called for hearing on Tuesday, Eliot Ijie announced his appearance for the prosecution, Aliens Agbaka announced his appearance for both the haulage operator and his company, while Adesoji Adedoyin, announced his appearance for the accountant.
In moving the motion urging the court to issue bench warrant against the haulage operator, the prosecutor submitted that he had served the charge on the defendant through his lawyer (Allens Agbaka) in open court, as directed by the court, adding that proof of service is in court’s file.
He therefore urged the court to enquire from the defendant’s lawyer, why his client was not in court to take his plea.
Responding, counsel to the defendant, Agbaka conceded that he was served with the charge, but told the court that the counsel that has the brief was his neighbour, who also told him that he had filed a notice of leave to appeal service.
He also told the court that he has never seen, met or spoken with the defendant on what transpired in court.
In response to Agbaka’s submissions on leave to appeal service, the prosecutor cited Section 396 (2) of the Administration of the Criminal Justice Act (ACJA), 2015, and submitted that any other application can only be heard after the defendant’s plea has been taken.
Upon moving the ex-parte motion for issuance of bench warrant against the defendant, the prosecutor urged the court to invoke Section 352(5(1)(a) of ACJA 2015, so as to compel the defendant’s appearance in court.
But counsel to the defendant opposed strongly the granting of the ex-parte motion, saying that since he has raised the issue of application challenging service, the application for bench warrant is premature.
In his ruling on the submissions of counsel after perusing the court’s record and citing plethora of authorities, Justice Aluko agreed with the prosecutor that the charge was served on the defendant through his lawyer (Agbaka), who was in court on April 4, 2024, as directed by the court.
The judge therefore overruled the submissions of the defendant’s counsel and urged the prosecutor to move his motion for the bench warrant against the defendant.
Upon moving the motion by Ijie , the judge upheld the motion and said: “granted as prayed that a bench warrant be issued against the defendant.
After the granting of ex-parte motion for the bench warrant, the prosecutor, CSP Ijie, also informed the court that he has an ex-parte motion pursuant to Section 330(a) of ACJA 2015, for the custody of the trucks used in committing the alleged crimes.
However, the motion was countered by the defendant’s counsel, Agbaka, who informed the court that the motion is an abuse of court, on the ground that same order was sought and granted by Justice M. Kala.
But the prosecutor, told the court that the order granted by Justice Nicholas Oweibo, not Justice Kala, was a ‘preservatory order’, which was obtained for investigation purposes.
He told the court that the new order sought for is for the police to take custody of the two trucks till the determination of the charges against the defendants.
Ruling on the counsel’s submissions, Justice Aluko, after reading through the court records, held that the order sought for is different from the order granted by Justice Oweibo, now sitting in another division of the court.
The judge consequently, granted the order sought for by the police and adjourned the matter to October 9, for the defendant’s arraignment.
The 4-counts charge against the defendants read: “that you Adokhai Global Resources Nigeria Limited, Adolphus Irunokah Peter and others now at large, sometimes between September 2022 and May 2023, did conspired among yourselves to commit felony to wit: fraudulently converted a total of 1, 729, 396 litres of Automotive Gasoline Oil (AGO), valued at eight hundred and eighty-two million, eight hundred and four thousand, seven and seventy-six naira, (N882, 804.776,12 million) property of DANGOTE Industries Limited, and thereby committed an offence Contrary to Section 21(a) of the Money Laundering (Prevention and Prohibition) Act 2022, and punishable under Section 18(3) of the same Act.
“That you Adokhai Global Resources Nigeria Limited, Adolphus Irunokah Peter and others now at large sometimes between September 2022 and May 2023, within the jurisdiction of the Federal High Court, with intent to steal, did fraudulently converted total of 1, 729, 336 litres of Automotive Gasoline Oil (AGO) valued at eight hundred and eighty-two million, eight hundred and four thousand, seven and seventy-six naira, (N882, 804. 776,12 million) property of Dangote Industries Limited, undelivered in the course of hauling a total of 7,505,089 litres of the AGO, to the company plant at Obajana, Kogi State, and Ibese in Ogun State, thereby committed an offence contrary to Section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act 2022, and punishable under Section 18(3) of the same Act.
“That you, Adolphus Irunokah Peter sometimes between September 2022 and May 2023, within the jurisdiction of the Federal High Court, with intent to bribe and corrupt, did make bank monetary transfer of the sum of Three million, six hundred thousand naira only, (N3, 600, 000 million) at various times, into the private Access Bank account numbers 0003757075 and 0027824937 of Falako Emmanuel, an Accountant employee of the Dangote Industries Limited, to influence him to perform unlawful act in his employment, and thereby committed an offence contrary to Section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act 2022, and punishable under Section 18(3) of the same Act.
“That you, Falako Emmanuel, sometimes between September 2022 and May 2023, within the jurisdiction of the Federal High Court, with intent to receive bribe, did receive Bank transfer of a total sum of Three million, six hundred thousand naira only, (N3, 600, 000 million) from Adolphus Irunokah Peter, into the private Access Bank account numbers: 0003757075 and 0027824937, with the names Falako Emmanuel, while in the employment as an Accountant employee of the Dangote Industries Limited, to influence you to carry out unlawful act in your employment, and thereby committed an offence contrary to Section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act 2022, and punishable under Section 18(3) of the same Act.”
