A Federal High Court in Lagos, will hear arguments on the priority of applications on May 12, 2025, in a suit filed by the Attorney General of the Federation over the alleged conversion of approximately N19 bn against a new generation bank and three others.
At the resumed hearing of the matter on Thursday, the counsel to the first and fourth defendants, Femi Falana (SAN), informed the court that they had preliminary objection applications and that it had been served on the prosecution.
But Prosecution counsel Chelsasy Emezina objected to hearing the preliminary objection, saying that it was not ripe for hearing.
She stated that the law provides that the defendants shall be arraigned first before any application can be taken.
Emezina cited decided authorities, including the decision on Onnoghen and Sections 221, 396 (1)and 382 (5) of the administration of the Criminal Justice Act.
“My lord will not hear the motion until the defendants submit themselves to the authority of this court,” she said
However, Justice Ambrose Lewis-Allagoa cautioned the prosecutor about her line of argument.
Justice Allagoa drew the prosecutor’s attention to the difference between challenging the jurisdiction and that of a defective charge.
Consequently, the judge ordered both parties to file their processes on the priority of the application to be taken first.
The defendants in the suit are; the Bank, its Managing Director, Victor Ukutt, a lawyer, and Whoba Ugwunna Ogo (who is currently at large).
The Federal Government, in the suit marked FHC/L/138C/2025, filed eight counts of the alleged conspiracy, conversion, obtaining by false pretences, forgery, fraud, and money laundering against the defendants.
They were accused of conspiring between 2011 and 2023 to fraudulently convert about N19 bn from Woobs Resources Limited’s account with the bank.
The government claimed that the money was unlawfully obtained through theft and fraud.
The alleged offences violate sections of the Money Laundering (Prohibition) Act, 2011 (as amended).
On the last adjourned date, Emezina informed the court that the case was scheduled for arraignment and that all the defendants have been served with the charge and hearing notices except the 4th defendant (Whoba Ugwunna Ogo), who has not been served with the charge hearing notice.
The prosecutor requested a bench warrant to be issued on (Whoba Ugwunna Ogo), in accordance with Section 113 of the Administration of Criminal Justice Act, 2023.
However, Falana opposed this, arguing that the court lacked jurisdiction to entertain the charge, claiming the case was an abuse of court process.
He noted that the matter involved alleged theft from a company, which was already under consideration by the Court of Appeal.
Falana also pointed out that the fourth defendant, Whoba Ugwunna Ogo, was abroad for medical treatment and had not been served with the charge.
The defendants have filed a motion under Section 305(1)(A) of the Administration of Criminal Justice Act, 2015, and Sections 6(A) & (B) and 295 of the Constitution, requesting that the court dismiss the charge due to lack of jurisdiction and abuse of process.
They also sought 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 argued that the charges arose from a dispute about the ownership of shares in Woobs Resources Limited stemming from a Joint Venture Agreement involving the fourth defendant, Whoba Ugwunna Ogo, and the nominal complainant, Mr James Onyemenam.
