Thursday, September 8, 2016 4:31 pm
The Economic and Financial Crimes Commission (EFCC), today, informed a Federal High Court, sitting in Lagos south west Nigeria that the company Globus Integrated services used by Mr. Waripamo-Owei Emmanuel Dudafa, a former Special Assistant on Domestic Affairs to President Goodluck Jonathan and two other persons, in alleged $31.4m USD fraud, is without address
The Commission’s prosecutor, Mr. Rotimi Oyedepo, made the Sterling revelation today that the anti graft Agency’s inability to effect service of the Criminal charge on the eighth company (Globus Integrated Services Limited), charged alongside the former President Jonathan Aides and a lawyer, Amajuoyi Azubike Briggs, and one Damola Bolodeoku was due to the fact that the company has no address.
Other companies in the criminal charge marked: FHC/337C/16, alongside the three accused persons are: Pluto Property and Investment Company Limited, Seagate Property Development and Investment Company Limited, Trans Ocean Property and Investment Company Limited, Avalon Global Property Development Company Limited.
Consequently, Oyedepo urged the court to allow the Commission to effect the service of the charge on the Amajuoyi Azubike Briggs who he claim to be the Secretary to the listed companies.
The prosecutor supported his submission with section 123 paragraph B (iii) of the Administration of Criminal Justice Act (ACJA),.
He said: “in line with section B (iii) of the Administration of Criminal Justice Act (ACJA), in effecting service, this can be done through the Secretary of a company. We have gone to the company and found out that they are not in existence. We even found out from Corporate Affairs Commission (CAC), that the companies’ Secretary is the second defendant before the court.
“I urged the court to allow us to serve the eighth defendant through the second defendant.
“In support of the submission we have a certified true copy of CAC form 2.1 (particular of person who the company Secretary is)”.
However, counsel to the second accused person, Tochukwu Onyiuke, objected to the service of the company’s charge on his client.
Onyiuke told the court that his client, Barrister Briggs, has the right to address the court on point of law on such application. Adding that the prosecution’s application must come by way of affidavit evidence, so that his client can reply.
Onyiuke also submitted that Justice AbdulAziz Anka who previously presided over the matter adjourned for ruling, haven listened to the argument on the issue of service.
He therefore urged the current vacation Judge, Justice Babs Kuewumi to deliver ruling on the issue raised by the prosecution.
Responding, the prosecutor, Rotimi Oyedepo, argued that the court cannot rule on what he did not hear, and that the matter is coming up afresh ‘ before the court. consequently,he urged the court to strike out the name of the eighth company from the charge, so that the plea of other accused persons could be taken.
Despite the fact that the name of of the eighth company was struck out from the charge, still the arraignment of the accused persons could not go as their counsel, Kingsley Ugwu, told the court that they are not represented.
Ugwu consequently withdrew his representation for the companies in the charge,but he is still in the matter as an interest party, since his clients, Agbo Micheal, Friday Davis, and one Fredrick, who were said to be purported directors of the companies are prosecution witnesses.
Also, counsel to Dudafa, Mr. Gboyega Oyewole, objected to the reading of the charge for the accused to take their plea, on the ground that there was nothing linking his client to the charge.
Oyewole also informed the court that the present charge is the same as the one previously before aonther judge of the court. He therefore urged the court to discontinuance the charge.
However, Oyedepo in responding to Oyewole’s submission, argued that the charges were uniquely different from each other in the sense that other companies in the charge have been served with the charge, he therefore urged the court to accept the charge and take the plea of the accused persons.
However Justice Babs Kuewumi, adjourned till September 15, 2016 for the arraignment of the accused persons.
The accused persons are facing a 17-count chargge bordering on alleged fraud of $31. 434, 400 million USD.
They were alleged to have between November 13, 2013, and May 28, 2015, conspired among themselves to conceal the total sum of $31. 434, 400 million USD, which they know to form part of the proceed of an unlawful act, through Skye bank Plc.
The accused persons were alleged to have committed the fraud with one Sombre Omeibi, now at large, through accounts number 2110002269, 2110002238, 2110002245, 210002252, 2110002207, 2110002269 and 0122493290, domiciled in Skye.
The Offences alleged to have been committed by the accused persons are contrary to section 18(a) and 15(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012, and punishable Under Section 15(3) of the same Act.