The Abuja Division of the Federal High Court, on Wednesday, fixed April 29 for ruling on a motion filed by the inspector general of police seeking the transfer of a criminal charge against the managing director and CEO of Duport Midstream Company Limited, Akintoye Akindele, to the Lagos judicial division.
Justice James Omotosho fixed the date after the police chief’s counsel, Simon Lough, and Akindele’s lawyer, James Onoja, adopted their processes and presented their arguments for and against the matter.
On Friday, Mr Lough made an oral application indicating the police’s intention to transfer the case to Lagos, but Mr Onoja objected to his oral submission.
The judge, who ordered parties to file their applications regarding the request, fixed today for hearing the prosecution motion and the defendants’ counter-affidavit.
The inspector general of police in the charge accused Mr Akindele and Duport Midstream Company Limited of diverting $5,636,397.01 and N73,543,763.25 belonging to Summit Oil International Ltd.
Mr Akindele and his company, the second defendant in the suit marked FHC/ABJ/CR/570/2023, were said to have committed the act between 2017 and 2021 when they allegedly converted the said sum received from Shell Western Supply and Trading Limited into personal use.
When the matter was called, the police chief’s lawyer told the court that his motion on notice hearing had been adjourned.
He said the March 18 motion was filed on the same date.
The senior lawyer said the motion prayed for two prayers, including an order of the court directing the transfer of the charge pending before the court to Lagos.
He said the grounds of the application were that the elements of the offence in the charge occurred in Lagos and that the witnesses were also based in Lagos.
He cited previous cases to back his argument.
“You didn’t know before you came here?” the judge asked, and Mr Lough responded that after a careful check, he felt the matter should be transferred outside Abuja.
Responding, Mr Onoja, who appeared for the defendants, said a counter-affidavit opposing the application was filed after being served on Monday.
The senior lawyer argued that the offence constituting the charge happened in Benin.
Besides, he said the investigation was done in Abuja before they filed the charge and that the investigating police officers also lived in Abuja.
He argued that all the cases Mr Lough cited were not applicable in the instant suit because the defendants raised objections in those cases.
Mr Onoja submitted that his client had also taken his plea and expended money to get bail.
He added, “In the process of taking bail, the first defendant lost his liberty because of an error.”
He said that on the last adjourned date, all the witnesses were in court, so the prosecution had nothing to lose if the case took place in Abuja.
The judge, consequently, adjourned the matter until April 29 for ruling.
On the issue of Mr Akindele’s bail perfection, the judge held that if the defendant had complied with the conditions, the file would be approved.
NAN reports that the businessman was remanded in Kuje Correctional Centre on Friday for failing to perfect the bail terms.
In a short ruling, the judge directed Akindele to be remanded in prison custody pending the perfection of his bail.
(NAN