Alex Enuma in Abuja
Justice James Omotosho of the Federal High Court in Abuja on Friday remanded the Managing Director and Chief Executive Officer (MD/CEO) of Duport Midstream Company Limited, Mr. Akintoye Akindele, at Kuje Correctional Center, Abuja. commanded.
Mr Akindele was remanded in custody until March 20, when the court will consider documents confirming 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.
Judge Akira Omoto granted bail, ruling that the defendant must meet all conditions attached to bail by March 8, and then postponed the start of the trial until March 15.
Some of the conditions are that the two sureties must own land property within the jurisdiction of the court. Additionally, sureties who must swear an affidavit of means must also deposit account statements 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. A criminal act was committed within the jurisdiction and all the witnesses and evidence were in Lagos.
Akindele's lawyers led by SAN Chief James Onoja objected to the police's oral request, but the court rejected submissions from all parties and said the transfer issue was a matter that the prosecution would have to put in writing. emphasized.
“Transfer must be made by sworn evidence and not by oral application,” Ohonjo said, adding that prosecutors must not only file an application, but also state the reasons for the transfer and serve the same on the defendant. and added that the defendant would either agree or disagree. The court agreed to the transfer, showing reasons why the request should not be granted.
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 filed with the court and urged one of the registrars to confirm that the documents were already in 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. The defendant changed his mind after being persuaded by his defense, who argued that the defendant had some health problems and could worsen if he was remanded.
He also asked judges not to punish defendants who fail to deliver documents on time.
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 observations, the guarantor's letter of introduction is dated March 13, while the affidavit of means is dated March 11, three days after the counter deadline of March 8. .
“I bent over backwards based on the bail conditions previously granted to him, which he failed to meet,” the court said.
After the defendant's lawyer filed a petition to consider and extend the period for completion of bail, Justice Omotojo ordered the March hearing on the application for consideration of completion of bail and transfer of the case to the court's Lagos division. It has been postponed until the 20th. Federal High Court.
At this point, the judge ruled, “the defendant is remanded to Kuje Correctional Center, Abuja.''
In the four counts filed against him by the Inspector General (IG) of Police, 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. .
Count 1 on Bail: You are Akintoye Akindele Male, 49 years old, between October 2017 and November 2021, Duport Midstream, D2 Mambilla Close Osborne Estate Ikoyi Lagos Company Limited and the MD/CEO of Duport Midstream Company Limited located at 42 Alexander Avenue Ikoyi-Lagos. Lagos State, within the jurisdiction of this Honorable Court, conspired to commit a felony and commit theft in the sum of US$5,636,397.01 million and Naira 73,543,763.25, thereby violating Section 516 of the Penal Code. committed a crime. Laws, Cap C38 Law of the Federation of Nigeria 2004.
Count 2: You are Akintoye Akindele Male 49 years old D2 Mambilla Close Osborne Estate Duport Midstream Company Limited of Ikoyi Lagos and Duport Midstream Company Limited of 42 Alexander Avenue Ikoyi Lagos, Lagos State from October 2017 to November 2021 I am MD/CEO of. Acting in concert with the jurisdiction of this Honorable Court, you fraudulently converted into cash the property of Summit Oil International Limited totaling 5,636,397 01 Milton U.S. Dollars and N73,543,763 25, thereby committing you to the 387th committed a crime that violates the law. Punishable under Section 390 of the Penal Code, Cap C38 Laws of the Federation of Nigeria (2004).
Count to 3: You are a member of Akintoye Akindele Male, 49 years old, MD Duport Medstream Company CEO, D2 Mambilla Close Osborne Estate Ikoyi Lagos and Duport Midstream Company Limited (Lagos Jurisdiction between October 2017 and November 2021) This Honorable Court, acting in concert, stole the sum of US$ 5,636,397.01 million and assets of Summit Oil International Limited amounting to 73 543,763.25 Naira and transferred the same to Summit Oil International Limited by Shell Western Supply and Trading Limited and thereby you have fulfilled your promise.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
Count to 4: You are: Akintoye Akindele Male 49 years old MD D2 Mambilla Close Osborne Estate Ikoyi Duport Midstream Company Limited in Lagos and Alexander Avenue Ikoyi in the Lagos Region between October 2017 and November 2021 He is the CEO of Duport Midstream Company Limited, Lagos 42. This Honorable Tribunal, acting in a concerted manner, considers that the property of Summit Oil Intermabonal Limited, which you received from Shell Western Supply and Trading Limited on behalf of Summit Oil International Limited, It is alleged that a total of 5,636,397,010 US dollars in SS and 73,543,763.25 Naira were fraudulently diverted to your use and stolen. By reason of the contract entered into by you and your company with Shell Western Trading Limited, you have committed an offense in violation of section 388 of the Penal Code by failing to deliver funds to Summit Oil International Limited; You may be punished under Article 300 of the Penal Code. Cap C38 Law of the Federation of Nigeria 2004.
