Court fixes March 27 to hear motion on jurisdiction to entertain charge against bank, others, over alleged forgery
By Onyewuchi Ojinnaka
Justice Ambrose Lewis Allagoa of a Federal High Court sitting in Lagos on Wednesday fixed March 27 for hearing of motion filed by a new generation bank and three others, challenging the jurisdiction of the court to entertain a criminal charge of alleged conversion of N19 billion brought against them by the Attorney General of the Federation.
The said sum of about N19 billion is said to belong to Woobs Resources Limited.
This issue of jurisdiction was raised during the scheduled arraignment of the bank, some of its officials, and a subsidiary company on Wednesday.
The Federal Government had filed suit FHC/L/138C/2025, preferring eight counts charge of alleged conspiracy, conversion, obtaining by false pretenses, forgery, fraud, and money laundering against the defendants.
The Bank, its managing director and CEO, Dr. Nneka Onyeali-Ik, Victor Ukutt, and Whoba Ugwunna Ogo (currently at large) were accused of conspiring between 2011 and 2023 to fraudulently convert a sum of about N19 billion from Woobs Resources Limited’s account with Fidelity Bank Plc.
The government is alleging that the money was unlawfully and fraudulently obtained.
It stated that the alleged offenses violate some sections of the Money Laundering (Prohibition) Act, 2011 (as amended).
When the case was called on Wednesday, the prosecutor from the Attorney General’s office, Mrs. E.T.C. Emezina, announced her appearance in court.
Mr Femi Falana (SAN) announced appearance for 1st and 4th defendants, while Ayodele Akintunde (SAN), appeared for the 2nd and 3rd defendants.
The prosecutor informed the court that the arraignment was scheduled for the day, and that all but the 4th defendant had been served hearing notices.
She prayed that a bench warrant be issued to the 4th defendant, in accordance with Section 113 of the Administration of Criminal Justice Act, 2023.
However, Falana opposed the prayer, arguing that the court lacked jurisdiction to entertain the charge, submitting that the case was an abuse of court process.
He noted that the matter involved alleged theft from a company, which was already under consideration before the Court of Appeal.
Falana also pointed out that the 4th defendant, Whoba Ugwunna Ogo, was abroad for medical treatment and had not been served with the charge.
He urged the court to reject the request for a bench warrant due to the lack of proof of service.
Similarly, Akintunde, representing the 2nd and 3rd defendants, informed the court that his clients had filed applications challenging the jurisdiction of the court.
After hearing submission of counsel, Justice Lewis-Allagoa declined to issue a bench warrant, emphasizing that such a measure would only be appropriate for defendants who fail to appear after being served.
The judge adjourned the matter to March 27, 2025, for hearing on the motion challenging the court’s jurisdiction.
The defendants have filed a motion under Section 305(1)(A) of the Administration of Criminal Justice Act, 2015, and Section 6(A) & (B) and 295 of the Constitution, asking the court to
dismiss the charge on grounds of lack of jurisdiction and abuse of process.
They also seek a stay of proceedings, pending the resolution of a dispute over the ownership of shares in Woobs Resources Limited, which is currently before the Court of Appeal in Suit No. CA/L/343/2020.
The defendants contend that the charges arise from a dispute about the ownership of shares in Woobs Resources Limited, stemming from a Joint Venture Agreement involving the 4th defendant and the nominal complainant, Mr. James Onyemenam.
The issue of ownership was originally brought to the Federal High Court in 2011 in Suit No. FHC/L/CS/1232/2011.
The Federal Government has accused Fidelity Bank and Dr. Onyeali-Ikpe of failing to verify the identity of individuals conducting unauthorized transactions on Woobs Resources Limited’s account, despite receiving warnings in 2011. It claimed that these actions allegedly aided Victor Ukutt, Whoba Ugwunna Ogo, and others in stealing N32 billion from the company’s account.
The defendants are facing charges under several sections of the Money Laundering (Prohibition) Act, the Advanced Fee Fraud and Other Related Offenses Act, and the Cybercrimes Prohibition Prevention Act, 2024.
