By Jude-Ken Ojinnaka
Senator Ifeanyi Patrick Ubah and his firm, Capital Oil and Gas, risks being issued with an arrest warrant if he fails to appear on October 18 for his arraignment before a Federal High Court sitting in Lagos for allegedly making false claims to the Assets Management Corporation (AMCON).
Justice Nicholas Oweibo of the Federal High Court issued the warning to Senator Ubah while fixing the date of his arraignment following the Federal Government’s complaint that he had repeatedly failed to appear in court to take his plea on charge FHC/L/383C/2019.
In view of his absence from court, the judge directed that a summons be issued to Ubah and his firm, through his counsel, for him to appear in court on the adjourned date.
The judge however declined an application to issue a warrant for Ubah’s arrest, as requested by prosecution counsel Mr. Tunde Lawal.
Instead, the judge warned that the senator risked an arrest warrant should he fail to appear on the next date of adjournment.
The Federal Government had initiated criminal proceedings against Senator Ubah in 2019 in an eight-count charge in respect of his indebtedness to AMCON.
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The counts included conspiracy in making false claims in relation to the actual value of certain assets transferred to AMCON under a consent judgement obtained in 2012.
In previous proceedings, the Federal Government told the court that it had been unable to serve the defendants their charges dated October 30, 2019, alleging that Ubah had been evasive.
When the matter came up on Tuesday, June 13, 2023, Lawal informed the court that the defendants had been served with the amended charge and hearing notice.
He reminded the judge that on the last adjourned date, Ubah was absent despite receiving the hearing notice.
On that basis, Lawal sought the issuance of a bench warrant against the lawmaker.
But defence counsel Mrs Ifeoma Esom opposed the prayer of the prosecution. She informed the court that the matter was for report of settlement/plea, adding that her team had only just been informed that settlement had failed, and that it was on the basis of settlement that Ubah was absent.
Objecting to defence counsel’s submission, the prosecutor noted that a settlement could not be reported on the matter, as it was a criminal case
He said parties could choose to settle outside the court but could not make that part of the business of a criminal court.
Lawal added that the best that could happen was a plea bargain while also noting that a settlement outside a court did not give Senator Ubah (1st defendant) the authority to be absent from court.
Ruling on the submission of counsel to parties, the court declined to issue a bench warrant but ordered that the summons be served on Ubah through his counsel.
The court also stated that if on the next adjourned date, Ubah failed to appear in court, a warrant would be issued for his arrest.
The judge then adjourned the matter till October 18, 2023 for arraignment.
Counts one, three and four of the charge against Ubah reads:
COUNT 1
“That you, Ifeanyi Patrick Ubah, and Capital Oil and Gas Industries Ltd, sometime between 2012 and 2018, conspired in making false claims in relation to the actual values of certain assets transferred to AMCON under the consent judgement 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 with a view to defeating the realisation of the said judgement debt of Capital Oil and Gas Industries Limited to AMCON, then standing In the sum of N135billion.
COUNT 3
“That you, Ifeanyi Patrick Ubah, and Capital Oil and Gas Industries Ltd, sometime between 2012 and 2018 in Nigeria, 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 in partial satisfaction of the outstanding loan of N135 billion owed to AMCON.
COUNT 4
“That you, Ifeanyi Patrick Ubah, and Capital Oil and Gas Industries Ltd, sometime between 2012 and 2018, did obstruct the implementation of the provisions of the AMCON Act vis-avis the realisation of part of your outstanding debt of N135 billion by frustrating the sale of the landed property at Banana Island to Dayspring Development Company Limited, which property you both transferred to AMCON.
