Justice James Omotosho of the Federal High Court (FCT), Abuja, has ordered Mr. Akintoye Akindele, Managing Director and Chief Executive Officer (MD/CEO) of Duport Midstream Company Limited, Kuje Correctional Center, Abuja. ordered to be remanded.
Mr. Akindele will be remanded in custody until March 20, when the court will consider documents supporting the integrity of the bail previously granted.
On March 1, shortly after he was indicted on charges of fraud worth $5.6 million, the court granted him bail in the amount of N750 million with two sureties of the same amount.
In granting bail, Judge Akira Omoto ruled that the defendant must meet all conditions attached to bail by March 8, and then adjourned the case to March 15 for the start of the trial.
Some of the conditions are that the two sureties must own land property within the jurisdiction of the court. In addition, sureties who must swear an affidavit of means must deposit an account report with the registrar of the court.
Justice Akira Omoto ruled that since the defendant appeared in court from his home, the court will grant him bail until March 8 at the FCT High Court, arguing that if the conditions are not met, the defendant will be remanded. New bail will be posted by March 8, 2024.
However, when the case came up for trial on Friday, the prosecuting lawyer, Mr Simon Ruff (SAN), attempted to make an oral motion to have the case transferred from the Federal High Court in Abuja to the Federal High Court in Lagos.
According to him, the proper jurisdiction for the defendant's trial is the Lagos region. As a jurisdiction, the alleged crime occurred and all witnesses and evidence were located in Lagos.
Akindele's lawyers, led by SAN Chief James Onoja, opposed the police's oral request, but the court rejected submissions from all parties, stressing that the transfer issue is one that must be put in writing by the prosecution. . .
“Transfer must be made by sworn evidence, not by oral application,'' Justice Omotojo said, adding that the prosecution should not only submit an application, but also state the basis for transferring the matter and give the same instructions to the defendant. It added that it would be delivered. Then agree or oppose the transfer and indicate why the court should not grant your request.
At this point, Judge Omotoaki asked the lawyers to agree on a bail date so that the prosecution could take the necessary steps regarding the transfer application, and asked about the bail status granted to the defendant.
“We filed last week, ahead of the specified date,” Akindele's lawyer said.
The judge replied, “I haven't seen it.”
Mr Onoja, however, maintained that the documents had been submitted to the court and urged one of the registrars to confirm that the documents were already in the custody of the court.
The judge initially denied the request to examine the documents on the grounds that the documents were not in front of him, but added, “Until yesterday I requested all pending files and sat until 5:30 p.m. I didn't see the file,” he added. He changed his mind after being persuaded by his defense attorney, who argued that the defendant had some health problems that could worsen if he was remanded.
He also asked the judge not to punish defendants who did not receive documents by the deadline.
However, after carefully reading the file, Judge Omotojo found that the bail had not been completed by March 8, as ordered by the court. According to his findings, the surety reference letter was dated March 13, but the affidavit of means was dated March 11, three days after the March 8 deadline for completion of bail. Ta.
“I bent over backwards based on the bail conditions previously granted to him, which he did not meet,” the judge said.
After the defendant's lawyer filed a petition to consider and extend the deadline for completion of bail, Justice Omotojo ordered the March hearing on the application to transfer the case to the Lagos branch in Lagos City, as well as to consider the completion of bail. The court was adjourned until the 20th. Federal High Court.
In the meantime, the judge ruled that “the defendant is remanded to Kuje Correctional Center, Abuja.”
In the four-count charge filed against Akidele by the Inspector General of Police (IG), the defendant is accused of misappropriating the sum of $5,636,397.01 and N73,543,763.25 belonging to Summit Oil International Limited.
Akindele and his company, the second defendant in the suit marked FHC/ABJ/CR/570/2023, allegedly committed this act between 2017 and 2021, during which time they received from Shell He is said to have converted the amount for personal use. .
Counting as one of the bail bonds, it said: “You are responsible for the indemnification of Duport Midstream Company Limited and Alexander Avenue, D2 Mambilla Close Osborne Estate, Ikoyi-Lagos, between October 2017 and November 2021. – Akintoye Akindele, male, MD/CEO of Duport Midstream Company Limited, 42, Ikoyi Lagos, 49 years of age.” For conspiring to commit a felonious crime in Lagos State, within the jurisdiction of this honorable court, and stealing in the sum of US$5,636,397,010,000 and Naira 73,543,763.25. , has committed a crime that violates Article 516 of the Criminal Law. Code of Laws, Cap C38 Act of the Federation of Nigeria 2004. ”
Count two: “You, Akintoye Akindele, male, 49 years old, D2 Mambila Close Osborne Estate Ikoyi Lagos, with Duport Midstream Company Limited, from October 2017 to November 2021 “In the meantime, I am the MD/CEO of Duport Midstream Company Limited, 42 Alexander Avenue Ikoyi, Lagos, within Lagos State” acting in concert with the jurisdiction of this honorable court to fraudulently convert into cash. and stole the property of Summit Oil International Limited in the sum of 5,636,397.01 Milton and 73,543,763.25 Naira, thereby committing an offense contrary to Article 2. Punishable under sections 387 and 390 of the Criminal Law Act, Cap C38, Acts of the Federation of Nigeria 2004.
Count to 3: “You, Akintoye Akindele, Male, 49 years old, MD, D2 Mambilla Close Osborne Estate Ikoyi Duport Medstream Company Umited in Lagos and 42 Alexander within the jurisdiction of Lagos from October 2017 to November 2021 CEO of Duport Midstream Company Limited, Avenue Ikoyi Lagos, during a concerted action, stole the sum of US$5,636,397.01 million and assets of Summit Oil International Limited, N73 543,763.25 and transferred the same to Summit Oil International Limited. received from Shell Western Supply and Trading Limited with instructions to transfer, whereby you commit an offense contrary to section 385 and punishable under section 390 of the Penal Code, Cap C38 of the Federation of Nigeria Act of 2004 There is a possibility that
Count to 4: “You, Akintoye Akindele, Male, 49 years old, Doctor of Medicine, D2 Mambilla Close Osborne Estate Ikoyi CEO of Duport Midstream Company Limited, Alexander Avenue Ikoyi Lagos 42. You received from Shell Western Supply and Trading Limited on behalf of Summit Oil International, Summit Oil Intermabonal. Ltd. during this concerted action before this honorable court, by fraudulently converting to your use the property of SS amounting to US$5,636,397,010,000 and the property of Naira 73,543,763.25. company was restricted by reason of the contract entered into with Shell Western Trading Limited and you failed to deliver the funds to Summit Oil International Limited, thereby committing an offense contrary to section 388 of the Penal Code. , punishable under Section 300 of the Criminal Code, Cap C38 of the Federation of Nigeria Act of 2004.
