By Advocatenewsng.com
A Federal High Court, Lagos, sitting before Justice Ambrose Lewis-Alagoa has fixed July 1, 2025 to deliver ruling on which application to hear first, (The prosecution’s motion on notice urging the court to arraign the suspects and the defence’s preliminary objection challenging the jurisdiction of the court), in the ongoing N32 billion fraud suit involving a legal practitioner, Victor Ukutt, Esq, and one Whoba Ogo, who is now at large.
The Federal Government had filed an eight-count charge (Suit No. FHC/L/138C/2025) against the defendants, accusing them of conspiracy, fraudulent conversion, obtaining by false pretences, forgery, and money laundering.
According to the charge, the defendants allegedly conspired between 2011 and 2023 to fraudulently convert approximately N32 billion from the account of Woobs Resources Limited.
At Thursday’s proceedings, the court took arguments from counsel representing the first to third defendants, including Mr. Femi Falana, SAN, and prosecuting counsel, Mrs. Chelsey Emezina.
Emezina informed the court of a pending Motion on Notice dated May 12, 2025, urging the court to compel the defendants to enter the dock and take their pleas.
The motion was supported by an affidavit deposed to by one David Emiri, a police officer attached to the office of the Director of Public Prosecution (DPP).
However, the defence challenged the validity of the motion, arguing in a counter-affidavit dated May 28, 2025, that the motion was incompetent as it was not signed by a legal practitioner.
They contended that a materially defective motion cannot be entertained by the court.
Falana further argued that the issue of jurisdiction must take precedence.
He stated that once jurisdiction is questioned, the court is duty-bound to determine it before addressing any substantive matter.
The defendants had earlier filed preliminary objections under Section 305(1)(a) of the Administration of Criminal Justice Act, ACJA, 2015, and Sections 6(a), (b), and 295 of the 1999 Constitution (as amended), seeking to dismiss the charge for lack of jurisdiction and abuse of court process.
They also urged the court to stay proceedings pending the determination of a share ownership dispute over Woobs Resources Limited, currently before the Court of Appeal.
The defence maintained that the criminal allegations arose from a civil disagreement related to a Joint Venture Agreement between a fourth suspect and the nominal complainant, Mr. James Onyemenam.
Justice Alagoa adjourned the matter until July 1, 205 for ruling on which of the pending applications the court will entertain first.
