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Absence of Judge stalls arraignment of Fenchurch Energy, Directors over alleged conspiracy, perjury

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By Jude-Ken Ojinnaka

The absence of Justice Daniel Osiagor of the Federal High Court, Lagos on Thursday stalled the scheduled arraignment of a company Fenchurch Energy Nigeria Limited and two of its directors, Babafunsho Adeyemi and Olufemi Bakare by the police for alleged perjury.

TheNiche gathered that the company and two of its directors were suppose to be arraigned by the office of the Inspector General of Police(IGP) on Thursday May 9 before Justice Daniel Osiagor on a two-count charge of conspiracy and Perjury.

However, due to the absence of the trial Judge who was said to be indisposed, the case has been adjourned till May 20, 2024 for the arraignment of the three defendants.

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In the two count charge on Charge Number FHC/L/265C/2024 filed before the court, the defendants were alleged to have conspired together to commit conspiracy and perjury.

According to the charge, the defendants, Babafunsho Adeyemi, Olufemi Bakare and their company, sometime in February 2023 conspired together to commit perjury when in order to mislead the Court, they allegedly stated on oath in suit number. FHC/L/CS/319/2023 in paragraph 24 of their affidavit deposed to before the Court that “The shareholding of the 1st Plaintiff/Applicant and Bastanchurch Limited in the 1st Defendant as altered by the Shares Subscription Agreement dated 15th March, 2019 ought to be registered at the Corporate Affairs Commission with the relevant documents and filings made thereon; but same has not been done as the 1st Plaintiff and Bastanchurch Limited as at 30th January, 2023 still has 50 percent shareholding each on the 1st Defendant” the facts they knew to be false, and thereby committed an offence contrary to Section 117 and punishable under Section 118 of the Criminal Code Act.

The two counts charge read:

“That you Babafunsho Adeyemi ‘m’ of No. 154, Prince Ade Odedina Street, Victoria Island, Lagos, Olufemi Bakare ‘m’ of No. 136 Mandela Estate, Ikoyi, Lagos and Fenchurch Energy Nigeria Limited on or about the 22nd day of February, 2023 within the jurisdiction of this Honourable Court did conspired among yourselves to commit felony to wit: perjury and thereby committed an offence punishable under Section 516 of the Criminal Code Act.

“That you Babafunsho Adeyemi ‘m’ of No. 154, Prince Ade Odedina street, Victoria Island, Lagos, Olufemi Bakare ‘m’ of No. 136 Mandela Estate, Ikoyi, Lagos and Fenchurch Energy Nigeria Ltd on or about the 22nd day of February, 2023 within the jurisdiction of this Honourable Court did commit the offence of perjury when you in other to mislead the Court stated on oath in suit no. FHC/L/CS/319/2023 in paragraph 24 of your affidavit deposed before this Honourable Court: “That the shareholding of the 1st Plaintiff/Applicant and Bastanchurch Limited in the 1st Defendant as altered by the Shares Subscription Agreement dated 15th March, 2019 ought to be registered at the Corporate Affairs Commission with the relevant documents and filings made thereon; but same has not been done as the 1st Plaintiff and Bastanchurch Limited as at 30th January, 2023 still has 50 percent shareholding each on the 15th Defendant”, the facts you know to be false, and thereby committed an offence contrary to Section 117 and punishable under Section 118 of the Criminal Code Act.

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