Akin Kuponiyi
A Pastor of the Redeemed Christian Church of God, RCCG, who is also a lawyer, Mr. Leslie Victor Michael-Atata, has been arraigned before a Federal High Court, Ikoyi, Lagos, for alleged forgery, impersonation and fraudulent misrepresentation.
Also arraigned alongside the pastor is a limited liability company, VIKTOR AG. LTD.
The two were arraigned on a three count charge on forgery impersonation and misrepresentation.
The arraignment was sequel to a criminal complaint forwarded to the Police by the law firm of Legal Answers LLP on behalf of the complainant, FELJOHN Nig. Limited.
It was alleged that the 1st Defendant Leslie Victor Michael-Atata fraudulently converted No. 1 Kaduna Street, D/Line, Port Harcourt, a property sold to Baldwyne Holdings Limited by Feljohn Nigeria Limited though he was aware of the sale but “capitalized on his privileged position as complainant legal practitioner and secretary and began to covet and lay claims on the same property by fraudulently obtaining a sublease of the property using his company Viktor AG Limited.”
The charge as filed before the court:
COUNT 1
“That you, LESLIE VICTOR CHIZI MICHAELS-ATATA ‘M’ and VIKTOR AG. LTD. sometimes in 1993 in Nigeria within the jurisdiction of this Honourable Court did conspire between yourselves to commit felony to wit: forgery and thereby committed an offence contrary to and punishable under Section 516 of the Criminal Code Act, LFN 2004.”
COUNT 2
“That you LESLIE VICTOR CHIZI MICHAELS-ATATA ‘M’ and VIKTOR AG. LTD. sometimes in 1993 in Nigeria within the jurisdiction of this Honourable Court did impersonate the company secretary of FELJOHN NIGERIA LIMITED and forged the signature of one Dr. Felix Wigwe and thereby committed an offence contrary to and punishable under Section 1(1)(c) of the Miscellaneous Offences Act CAP M17 LFN 2004.”
COUNT 3
“That you, LESLIE VICTOR CHIZI MICAHELS-ATATA ‘M’ and VIKTOR AG. LTD. sometimes in 1993 in Nigeria within the jurisdiction of this Honourable Court did fraudulently misrepresent as the Secretary of FELJOHN NIGERIA LIMITED, a representation you knew to be false and thereby committed an offence contrary to and punishable under Section 484 of the Criminal Code Act, LFN 2004.”
During the arraignment of the defendants, Mr. James Ordu, their counsel, raised an objection to the jurisdiction of the court, arguing that the transaction took place in Port Harcourt while all the parties reside there.
He argued that the transaction between the parties had been determined by a competent court, adding that part of the judgment is now the subject of a pending appeal at the Court of Appeal.
He also contended that the Commissioner of Police had granted the 1st defendant an administrative bail which is still subsisting. He therefore urged the court to strike out the charge.
However Mr. Samuel Ogala, the Prosecutor, objected and argued that where a transaction has both civil and criminal elements, both the civil and criminal cases can be pursued simultaneously.
He contended that the complainant also lives in Lagos, adding that the alleged offences were committed in Nigeria as per the wording of the charge.
He also stated that he was duly mandated by his office to prosecute the defendants, adding that the issue of jurisdiction does not arise as the Police has unlimited jurisdiction pursuant to Section 214 of the 1999 Constitution and Sections 4 and 66 of the Police Act 2020.
In his ruling, the presiding Judge Justice Ibrahim Kala held as follows: “I have looked into the 3 count charge levelled against the defendants. It relates to conspiracy, impersonation and fraudulent misrepresentation. It is nowhere stated in the counts where these alleged offences occurred. Besides, they are offences charged under the provision of the Criminal Code Act, LFN, 2004 as well as Miscellaneous Offences Act, Cap M17, LFN, 2004. These are provisions that are not peculiar to any particular state. I therefore overrule the defendant’s argument on that point.”
The court then ordered that the charge be read to the defendants. The duo pleaded ‘Not Guilty.’
Ogala applied that the 1st defendant should be remanded in prison custody, a position Ordu objected to and urged the court to grant the defendant bail. He said: “The 1st Defendant has a pedigree as a member of the Nigerian Bar Association (NBA) of over 40 years.”
He also contended that the 1st defendant has medical conditions which warrant the bail.
The trial judge, Justice Kala, said that “he had considered that the 1st Defendant is “a senior member of the (legal) profession” and granted him bail in the sum of N50 million with one surety in like sum”
He added that “The surety shall have ownership of landed property in either Lagos or Ogun State worth N50 million which title document must be deposited at the registry of the Court or shall surrender the qualifying and Call to Bar Original Certificates to the registry of the court.”
Justice Kala also ordered: “The 2 recent passport photos, BVN, NIN, Phone Numbers of 1st Defendant as well as the Surety should be deposited at the Registry of the court after being duly verified by Registrars of this Court in conjunction with the agent of prosecution.”
Thereafter,Justice Kala, adjourned to February 20, 2025 for trial of the defendants to commence.