The Abuja division of the Federal High Court on Wednesday fixed April 29 for judgment on an application by the Inspector-General of Police seeking transfer of criminal charges against the Managing Director and Chief Executive Officer of Duport Midstream Limited, Mr. Akintoye Akindele, to the Lagos Judicial Division.
Justice James Omotosho fixed the date after the counsel to the Inspector General of Police, Mr Simon Ruff, and Mr Akindele’s counsel, James Onoja, adopted respective procedures and submitted arguments for and against.
On Friday, Mr Ruff filed an oral motion indicating the police’s intention to transfer the case to Lagos, but Mr Onoja disputed the oral motion.
The judge ordered the parties to file applications regarding the request and fixed a hearing for today on the prosecution's motion and the defence's rebuttal affidavit.
In the case, the Inspector-General of Police accused Akindele and Duport Midstream Company Limited of embezzling $5,636,397.01 and N73,543,763.25 belonging to Summit Oil International Limited.
Akindele, the second defendant in suit FHC/ABJ/CR/570/2023, and his company are alleged to have diverted the said amount received from Shell Western Supply and Trading Limited for personal use and allegedly committed the act between 2017 and 2021.
When the matter came up for consideration, the counsel for the Superintendent of Police informed the court that the hearing of the petition by notice was adjourned.
He said the March 18 complaint was filed the same day.
The senior lawyer said the motion seeks two petitions including one for a court order directing the court to transfer the pending case to Lagos.
He said the basis of the application was that elements of the criminal offences charged occurred in Lagos and the witnesses were also based in Lagos.
He cited past cases to back up his argument.
“You didn't know before you got here?” the judge asked, to which Ruff replied that after careful investigation he felt the case should be transferred out of Abuja.
Responding, counsel for the defence, Mr Onoja, said a counter affidavit had been filed in opposition to the application filed on Monday.
Senior counsel argued that the crimes allegedly committed occurred in Benin.
He further stated that the investigation was carried out in Abuja prior to the filing of the charges and that the police officers who investigated also resided in Abuja.
He submitted that all the cases cited by Mr. Ruff are not applicable to the present suit as the defendants have contested those cases.
Onoja maintained that his client also pleaded guilty and posted bail.
He added: “During the bail process, the first defendant lost his freedom due to an error.”
He said the prosecution had nothing to lose if the case was heard in Abuja as all the witnesses were present on the last adjourned date.
The judge therefore adjourned the matter until April 29 to deliver his ruling.
On the issue of the integrity of Akindele’s bail, the judge ruled that the bail application would be granted if the defendant complied with the conditions.
NAN reports that the businessman was on Friday remanded to Kuje Correctional Centre after failing to meet bail conditions.
In a brief ruling, the judge directed that Akindele be remanded in prison until his bail is completed.
(naan)
