A Federal High Court in Lagos has scheduled May 12, 2025, to hear arguments on the priority of applications in a suit filed by the Attorney General of the Federation (AGF) against a new-generation bank and three others over the alleged conversion of approximately N19 billion.
At the resumed hearing, counsel for the first and fourth defendants, Femi Falana (SAN) informed the court that they had filed preliminary objections and had duly served them on the prosecution.
However, the prosecution counsel, Chelsasy Emezina, objected to hearing the preliminary objections, arguing that they were not yet ripe for determination.
Emezina contended that the law requires the defendants to be arraigned before any application can be entertained.
Citing legal precedents, including the Onnoghen case, as well as Sections 221, 396(1), and 382(5) of the Administration of Criminal Justice Act, she insisted that the motion should not be heard until the defendants submit themselves to the court’s authority.
“My Lord will not hear the motion until the defendants submit themselves to the authority of this court,” Emezina stated.
The court presided over by Justice Ambrose Lewis-Allagoa, however, cautioned the prosecution on her line of argument, noting the distinction between challenging the court’s jurisdiction and addressing a defective charge.
The judge subsequently directed both parties to file their submissions on the order of applications to be considered first.
The defendants in the suit are the financial institution, 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, had filed eight counts against the defendants, including conspiracy, conversion, obtaining money by false pretences, forgery, fraud, and money laundering.
The prosecution specifically alleged that between 2011 and 2023, the defendants conspired to fraudulently convert about N19 billion from Woobs Resources Limited’s account with the bank.
The Federal Government further claimed that the funds were illicitly obtained through theft and fraud, in violation of the Money Laundering (Prohibition) Act, 2011 (as amended).
At the last adjourned hearing, Emezina informed the court that the case was slated for arraignment and that all defendants, except the fourth defendant, Whoba Ugwunna Ogo, had been served with the charge and hearing notices.
She requested the court to issue a bench warrant for Ogo’s arrest, citing Section 113 of the Administration of Criminal Justice Act, 2023.
However, Falana opposed the request, arguing that the court lacked jurisdiction to hear the charge, as the case constituted an abuse of court process.
He pointed out that the matter involved an alleged theft from a company already under consideration by the Court of Appeal.
Falana also noted that the fourth defendant, Whoba Ugwunna Ogo, was currently abroad for medical treatment and had not been served with the charge.
The defendants subsequently filed a motion under Section 305(1)(A) of the Administration of Criminal Justice Act, 2015, as well as Sections 6(A) & (B) and 295 of the Constitution, urging the court to dismiss the charges on grounds of lack of jurisdiction and abuse of process.
Additionally, they sought a stay of proceedings pending the resolution of an ongoing 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 argue that the charges stem from a dispute over share ownership involving the fourth defendant, Whoba Ugwunna Ogo, and the nominal complainant, Mr James Onyemenam, arising from a Joint Venture Agreement.
