By Onyewuchi Ojinnaka
A Federal High Court sitting in Lagos has fixed October 22 for ruling on the bail applications filed by three employees of a Nigerian firm, Montego Upstream Services Limited.
The three defendants Philemon Ikenna Obileku; Onyia Obinna Jude and Sunday Othuko Okelezo are facing trial for alleged conspiracy, fraud, fraudulent conversion and money laundering to the tune of N315million before Justice Friday Ogazi of the Federal High Court, Lagos.
Upon their arraignment last week by the Police anti- fraud unit, Milverton, Ikoyi, Lagos Justice Ogazi adjourned hearing of their bail application till Tuesday October 15 .
At the resumed hearing of the matter on Tuesday, the three defendants’ counsel, Mr Kennedy Nwaofor Esq , Kelechukwu Uzoka Esq. and Michael Muigbo Esq. informed the court of their clients’ respective bail summons which they said were filed on the 7th of October, 2024 and already served on the prosecution. They urged the court to allow them move the applications.
Moving the bail applications, counsel to the defendants urged the court to admit their clients to bail in liberal terms, adding that until a court of competent jurisdiction decides otherwise, the defendants are presumed innocent.
They submitted that the defendants are very sick and required special medical attention that can not be provided by the custodian centre, adding that the defendants are ready to attend to their trial contrary to the contention of the prosecution that they are flight risk.
The counsel further submitted that the defendants do not have any travel documents and can not tamper with the police investigation since the prosecution has already completed its Investigation before coming to court.
” Our clients are ready to provide sufficient and reasonable sureties if admitted to bail”.
However, the prosecution represented by Mr Chukwu Agwu from the Legal Department of the Police Fraud Unit, in his counter affidavit to the bail summons, urged the court to refuse bail to the applicants.
Agwu submitted that the three defendants are flight risks who have perfected plans to move to Canada and the United States as they have already relocated their families, adding that they would never come back for trial if granted bail.
The prosecutor further stated that the defendants’ argument of ill – health is a ploy to get the court’s sympathy and pleaded with the court not to fall into the plot by granting bail to the defendants.
He argued that granting bail to the defendants would amount to truncating the trial of the defendants and would defeat the essence of justice to all.
After listening to both parties, Justice Ogazi adjourned the matter till October 22, 2024 for ruling on the bail application and further ruled that the defendants should remain in the custody of the Nigeria Correctional Service.
Recall that operatives of the Police Special Fraud Unit (PSFU) Ikoyi-Lagos had last week re- arraigned Philemon Ikenna Obileku, Onyia Obinna Jude and Sunday Othuko Okelezo who are employees of Montego Upstream Services Limited, on a second amended five count-charge of conspiracy, fraud, fraudulent conversation and money laundering.
They were re-arraigned before the court in a charge marked FHC/L/679c/2024, alongside a company, Bigshots Helecks Integrated Services Limited, said to belong to the third defendant, Sunday Othuko Okelezo.
The three defendants were formerly arraigned before Justice Deinde Isaac Dipeolu on September 13, during the court’s long vacation on a two count-charge of conspiracy and unlawful diversion of funds/price inflation amounting to N130, 099, 967 million.
But at the resumed hearing of the matter last Friday, which was meant for the hearing of the defendants’ bail application, the new prosecutor, Mr. Chukwu Agwu, informed the court that there was a new development on the matter as there is a second amended charge against the defendants.
Mr. Agwu pleaded with the court that the amended charge be read before the court for the defendants’ to take fresh plea.
With the prosecutor’s submission, which was not opposed by the defendants’ new lawyers led by Kelechukwu Nzoka, Justice Ogazi ordered that the amended charge be read to defendants.
In the new amended charge, the PSFU alleged that the defendants while working with the upstream Firm, conspired among themselves and defrauded the firm of sum more than N315 million.
The defendants were also alleged to have fraudulently misrepresented more than N315 million and fraudulently diverted same to their different accounts.
They were further alleged to have laundered the money with their various accounts.
Some of the accounts allegedly used by the defendants to launder the money were Access bank: 1132022474; Sterling Bank: 0073633014: GTBank: 0109660069; Zenith Bank 2177975134; UBA Plc: 2062734323 and Access Bank: 0031591992.
According to the charge filed by the prosecution, the alleged infractions of the defendants contravened Sections 8, 1(a)(b)(c) and (3) and 1(b)(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006. And 18 (2)(b); 18 (2)(d) of the Money Laundering Prevention and Prohibition) Act 2022 but punishable under Section 18 (3)(4) of the same Act.
All the defendants pleaded not guilty to the charges.
Upon their plea of not guilty, the prosecutor then asked the court for a trial date and urged court to remand the defendants in the custody of the Nigerian Correctional Services (NCoS) till the determination of the charges against them.
However, a move by the defendants’ new lawyers to use the previous bail applications filed by their former counsel , Ademola Olabiyi, was rejected by the presiding judge, who ordered them to file new bail applications for their clients.
Also, efforts by the defendants new lawyers to orally apply for the defendants’ bail were equally refused by the court.
Consequently, Justice Ogazi ordered that the three defendants be remanded at the correctional center pending the hearing, determination of their bail applications.
Thereafter the judge adjourned the matter to October 15, for hearing of the defendants’ bail applications.
The second amended charge against the defendants reads:
“That you Philemon Ikenna Obileku ‘M’, Onyia Obinna Jude ‘M’, Sunday Othuko Okelezo ‘M’, Bigshots Helecks Integrated Services Limited and others now at large while in the employment of Montego Upstream Services Limited between the years 2022 and 2024 in Lagos, Lagos State, Port Harcourt, Rivers State and other places within the jurisdiction of the Honourable Court, did conspire amongst yourselves to commit felony to wit: Obtaining by false pretences through fraudulent misrepresentations a total sum of more than N315,000,000.00 (Three Hundred and Fifteen Million Naira) Fraudulent diversion, Fraudulent conversion and Money Laundering via your various bank accounts and thereby committed an offence punishable under Section 8 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
“That you Philemon Ikenna Obileku ‘M’, Onyia Obinna Jude ‘M’, Sunday Othuko Okelezo ‘M’, Bigshots Helecks Integrated Services Limited and others now at large while in the employment of Montego Upstream Services Limited between the years 2022 and 2024 in Lagos, Lagos State, Port Harcourt, Rivers State and other places within the jurisdiction of the Honourable Court with intent to defraud did obtain by false pretence through fraudulent misrepresentations more than N315, 000,000.00 (Three Hundred and Fifteen Million Naira) through your various bank accounts, property of MONTEGO UPSTREAM SERVICES LIMITED represented by Montego, thereby committed an offence punishable under Section 1(a)(b)(c)and(3) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006.
“That you Philemon Ikenna Obileku ‘M’, Onyia Obinna Jude ‘M’, Sunday Okelezo ‘M’, Bigshots Helecks Integrated Services Limited and others now at large while in the employment of Montego Upstream Services Limited between the years 2022 and 2024 in Lagos, Lagos State, Port Harcourt, Rivers State and other places within the jurisdiction of the Honourable Court through fraudulent misrepresentations did convert more than N315, 000, 000.00 (Three Hundred and Fifteen Million Naira) through your various bank accounts numbers Access bank -1132022474, Sterling Bank – 0073633014, GTBank-0109660069, Zenith Bank-2177975134; UBA Bank 2062734323 Access Bank – 0031591992 respectively, property of Montego Upstream Services Limited represented by Montego and thereby committed an offence contrary to Section 18 (2)(b) of the Money Laundering Prevention and Prohibition) Act 2022 but punishable under Section 18 (3) and (4) of the same Act.
“That you Philemon Ikenna Obileku ‘M’, Onyia Obinna Jude ‘M’, Sunday Othuko Okelezo ‘M’, Bigshots Helecks Integrated Services Limited and others now at large while in the employment of Montego Upstream Services Limited between the years 2022 and 2024 in Lagos, Lagos State, Port Harcourt, Rivers State and other places within the jurisdiction of the Honourable Court through fraudulent misrepresentations did retain and use more than N315, 000, 000.00 (Three Hundred and Fifteen Million Naira) through your various bank accounts numbers. Access bank -1132022474, Sterling Bank -0073633014: GT Bank – 0109660069, Zenith Bank – 2177975134; UBA Bank- 2062734323; Access Bank- 0031591992 respectively, property of Montego Upstream Services Limited represented by Montego. Knowing or ought to have known that such fund is or forms part of proceeds of an unlawful act and thereby committed an offence contrary to Section 18 (2)(d) of the Money Laundering (Prevention and Prohibition), Act, 2022 but punishable under Section 18(3) and (4) of the same Act.
“That you Philemon Ikenna Obileku ‘M’, Onyia Obinna Jude ‘M’, Sunday Othuko Okelezo ‘M’, BIGSHOTS HELECKS INTEGRATED SERVICES LIMITED and others now at large where in the employment of MONTEGO UPSTREAM SERVICES LIMITED between the years 2022 and 2024 in Lagos, Lagos State, Port-Harcourt Rivers State, and other places within the jurisdiction of the Honourable Court through fraudulent misrepresentation did induce MONTEGO UPSTREAM SERVICES LIMITED to pay millions Naira to various third parties who later transferred same or part of the fund back to your various bank accounts numbers Access bank- 1132022474, Sterling Bank- 0073633014; GTBank 010 9660069 Zenith Bank-2177975134; UBA Bank-2062734323 Access Bank 0031591992 respectively for your personal use, property of MONTEGO UPSTREAM SERVICES LIMITED represented by Montego, knowing same or ought to have known that such fund is or forms part of proceeds of an unlawful act and thereby committed an offence punishable under Section 1(b) and(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.”
