The Fidelity Bank Plc and three others, have challenged the jurisdiction of a Federal High Court in Lagos to prosecute them over an alleged conversion of approximately N19 billion.
The office of the Attorney General of the Federation filed the charge, presenting eight counts of alleged conspiracy, conversion, obtaining by false pretences, forgery, fraud, and money laundering against the defendants.
Fidelity Bank, its Managing Director and CEO, Dr. Nneka Onyeali-Ik, Victor Ukutt, and Whoba Ugwunna Ogo (who is currently at large) were accused of conspiring between 2011 and 2023 to fraudulently convert a sum of about N19 billion from the account of one Woobs Resources Limited.
The Federal Government accused the first and second defendants of failing to verify the identity of individuals conducting unauthorized transactions on Woobs’ account, despite receiving warnings in 2011. These actions allegedly aided Victor Ukutt, Whoba Ugwunna Ogo, and others in stealing N32 billion from the company’s account.
The alleged offenses are said to violate sections of the Money Laundering (Prohibition) Act, 2011 (as amended), as well as the Advanced Fee Fraud and Other Related Offenses Act, and the Cybercrimes Prohibition Prevention Act, 2024.
On Wednesday, the prosecutor from the Attorney General of the federation’s office, Chelsy Ekwutosi appeared in court for a scheduled arraignment of the defendants.
The prosecutor requested a bench warrant for the 4th defendant, Whoba Ugwunna Ogo, in accordance with Section 113 of the Administration of Criminal Justice Act, 2023, owing to its inability to serve him with the hearing notices.
But, Femi Falana, SAN, who represents the 1st and 4th defendants opposed this, arguing that the court lacked jurisdiction to entertain the charge, claiming the case was an abuse of court process. He added that the matter was already before the Court of Appeal and that Mr Ogo was abroad for medical treatment and had not been served with the charge.
He asked the court to reject the request for a bench warrant due to the lack of proof of service.
Ayodele Akintunde, SAN, representing the 2nd and 3rd defendants, also informed the court that his clients had filed their applications challenging the jurisdiction of the court.
Justice Ambrose 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, to hear the defendant’s motions challenging the court’s jurisdiction.
The defendants filed the motion under Section 305(1)(A) of the Administration of Criminal Justice Act, 2015, and Sections 6(A) & (B) and 295 of the Nigerian Constitution.
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 after it originated from the Federal High Court.
The defendants argue 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, James Onyemenam.
