Justice Hakeem Oshodi of Lagos
State High Court, Ikeja division said on Monday that a bench warrant would be
issued for arrest of Mr Herbert Wigwe, the Group Managing Director of Access
Bank Plc, and other defendants standing trial over alleged $6.3 million fraud
in the court.
The judge’s position was
following absence of Wigwe and six other defendants, a situation that has been
stalling arraignment of the accused persons whenever the matter came up for
hearing.
Other defendants in the matter
are Access bank, Titi Oshuntoki, Chinyere Bishop-Adigwe, Cast Oil and Gas
Limited, Seyi Sanni, Adekunle Adebayo, Sunny Amos Offiong and Augusta Energy.
Aside Offiong and Access bank,
which has been represented by one Robert Imowo, the other defendants have not
been present in the court since the commencement of the trial.
They were initially to be
arraigned on May 2 this year on four-count of conspiracy to defraud, conspiracy
to obtain money by false pretence, obtaining money by false pretence and
stealing, but the arraignment was stalled due to the absence in court of Wigwe
and six other defendants.
According to the charge sheet,
the defendants committed the offences alongside Tunji Amushan who is said to be
at large.
The defendants were also alleged
to have conspired with Augusta Energy of Geneva, Switzerland, to defraud the
complainant, Top Oil and Gas Development Ltd to the tune of over $6.3 million.
The defendants allegedly obtained
the funds from Top Oil and Gas Development Ltd, by falsely representing to be
the Chairman of the company, Chief Don Obot Etiebet and other officers of the
company, that Cast Oil and Gas Ltd had a contract with Augusta Energy of
Geneva, Switzerland.
The contract was allegedly for
the supply of 10,000 metric tones of Automated Gas Oil (AGO), by Augusta Energy
of Geneva to Cast Oil and Gas, the cost price of the product was $6.3 million
and Top Oil and Gas Ltd, was the consignee of the products.
It is further alleged that the
defendants promised the complainant that Cast Oil and Gas Ltd will sell the
said products on its behalf.
The defendants are alleged to
have promised to ensure that Top Oil and Gas Development Ltd recovered the
money invested for the purchase, supply and importation of the said products.
The prosecution alleges the
defendants fraudulently induced the complainant to pay for a product that was
not actually supplied nor imported into Nigeria, by Augusta Energy and that the
defendants had fraudulently converted the funds to their own use and benefit.
The offences contravene Sections
383 (2)(f), 390 (9) and 422 of the Criminal Code 2004 and Section 8 (a) of the
Advance Fee Fraud and Other Related Offences Act of 2006
During the May 2 proceedings, Mr
Paul Usoro (SAN), the defence counsel for Access Bank Plc, had informed the
court that the bank had filed a preliminary objection challenging the court’s
jurisdiction to hear the case.
However, when the matter came up
on July 8, 2019, Pius Akuta, a counsel from the office of the Attorney General
of the Federation, had asked the court for permission to take over the matter
from the Special Fraud Unit (SFU) of the Nigeria Police Force that earlier
prosecuted the matter.
Subsequently, the court ordered
the office of the Attorney General of the Federation to take over the
prosecution of the matter.
In a twist of development, Akuta,
during Monday’s proceedings, informed the court of the prosecutor’s decision to
withdraw the matter, hinging on a position that the complainant is averse to
continuation of matter.
Insisting on the need to do the
“right thing”, the judge adjourned the matter to December 2, 2019 for
arraignment of the defendants, threatening to issue bench warrants for arrest
of the defendants in event of their absence.
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