By Onyewuchi Ojinnaka
The scheduled arraignment of the Chairman of Capital Oil and Gas Limited, Mr Ifeanyi Patrick Ubah, and his company, Capital Oil and Gas Limited, before a Federal High Court sitting in Lagos Nigeria was on Thursday adjourned for the second time due to absence of the defendants.
Consequently, court adjourned the matter till April 2, for arraignment. When the case was called up, the prosecutor Mr Kunle Adegoke who had filed an exparte application before the court, argued and urged the court to grant an order for the service of the charge sheet through the bailiff of the court on Senator Uba, by serving same on him through his legal representative Dr. Olisa Agbakoba (SAN).
In an affidavit sworn to by para-legal staff of Kunle Adegoke law firm, Haleemah Adegoke, she averred that the bailiff of the court informed her that he took steps to effect service of the charge dated October 30, 2019 on Ifeanyi Patrick Ubah personally in December, 2019 at the registered office of Capital Oil and Gas Industries Limited, but was unable to serve him personally. Since then he has been evading service.
“Recall that on December 4, when the defendant was expected to be arraigned, he was not in court to take his plea. Dr. Olisa Agbakoba (SAN) who announced his appearance for the defendants, informed the court that his client was yet to be served.
“Based on the foregoing, it became imperative that the defendants should be served with a copy of the charge by means to wit, through his counsel, Dr. Olisa Agbakoba (SAN) whose appearance in court undoubtedly suggested that Ubah is well informed of the charges against him notwithstanding that he has not been served personally,” Adegoke said.
In a short ruling, the presiding Judge Justice Nicholas Oweibo while acceding to the request of the prosecutor, that Ifeanyi Patrick Uba be served though his counsel, adjourned till April 2, 2020, for arraignment of Ifeanyi Uba and his company, by which time he must have been served.
However, counsel representing Capital oil and Gas Limited Mr Ajibola Oluyede, informed the court that there is an on-going process for amicable settlement of the matter. Dr. Agbakoba was not in court on Thursday (today), but a lawyer from his chamber, Mr frank Ideho announced appearance for Ifeanyi Uba.
The counts against Uba and his company are:”That you, Ifeanyi Patrick Ubah, and Capital Oil and Gas Industries Limited, sometimes between 2012 and 2018, conspired together in making false claims in relation to the actual values of certain assets transferred to Asset Management Corporation _of Nigeria (AMCON) under the Consent Judgment delivered in Suit No. FHC/ABJ/CS/714/2012 on the 1st day of July, 2013 in partial payment of the Indebtedness of Capital Oil and Gas Industries Limited with a view to defeating the realisation of the said judgment debt of Capital Oil and Gas Industries Limited to AMCON then standing In the sum of 135 Billion Naira contrary to Section 54(1)(a) and (d) of the Asset Management Corporation of Nigeria Act, 2010 (as amended).
“That you, Ifeanyi Patrick Ubah, and Capital Oil and Gas Industries Limited, sometimes between 2012 and 2018, made false claims in relation to the actual values of certain assets transferred to AMCON under the Consent Judgment delivered in Suit No. FHC/ABJ/CS/714/2012 on the 1St day of July, 2013 and which assets were transferred in partial payment of the but standing indebtedness of Capital Oil and Gas Industries Limited to AMCON with a view to defeating the realisation of the judgment debt ‘of Capital Oil and Gas Industries Limited 0to AMCON then standing in the sum of 135 Billion Naira contrary to Section S4(1)(a) of the Asset Management Corporation of Nigeria Act, 2010 (as amended).
“That you, Ifeanyi Patrick Ubah, and Capital Oil and Gas Industries Limited, sometimes between 2012 and 2018 in Nigeria and within the jurisdiction of this honourable Court, being guarantor and debtor respectively, negligently, wilfully or recklessly made a statement or gave information knowing it to be false in relation to the actual values of the assets transferred to AMCON under the Consent Judgment delivered in Suit No. FHC/ABJ/CS/714/2012 on the 1St day of July, 2013 in partial satisfaction of the outstanding loan of N135 Billion Naira owed to AMCON contrary to Section 54(2) of the Asset Management Corporation of Nigeria Act, 2010 (as amended).
“That you, Ifeanyi Patrick Ubah, and Capital Oil and Gas Industries Limited, sometimes between 2012 and 2018 in Nigeria and within the jurisdiction of this honourable Court, did obstruct the implementation of the provisions of the AMCON Act vis-a-vis the realisation of part of your outstanding debt of N135 Billion Naira, by frustrating the sale of the landed property at Banana Island to Dayspring Development Company Limited, which property you both transferred to AMCON by virtue of the Consent Judgement delivered by this honourable Court on the 1St day of July, 2013 in Suit No. FHC/ABJ/CS/714/2012 “and which act is contrary to section 54(5) of the Asset Management Corporation of Nigeria Act, 2010 (as amended).”