A Federal High Court, Abuja, on Wednesday, fixed April 29 for ruling on a motion filed by the Inspector-General (IG) of Police seeking the transfer of criminal charge against the Managing Director and Chief Executive Officer (MD/CEO) of Duport Midstream Company Limited, Mr. Akintoye Akindele, to Lagos division.
Justice James Omotosho fixed the date after I-G’s counsel, Simon Lough, SAN, and Akindele’s lawyer, James Onoja, SAN, adopted their processes and presented their arguments for and against the matter.
The News Agency of Nigeria (NAN) reports that Lough had, on Friday, made an oral application indicating the police intention to transfer the case to Lagos, but Onoja objected to his oral submission.
Justice Omotosho, who ordered parties to file their applications in respect of the request, fixed today for hearing of the prosecution motion and the defendants’ counter affidavit.
The News Agency of Nigeria (NAN) reports that the I-G, in the charge, accused Akindele and Duport Midstream Company Limited, of diverting the sum of $5,636,397.01, and N73,543,763.25, belonging to Summit Oil International Ltd.
Akindele and his company, which is the second defendant in the suit marked: FHC/ABJ/CR/570/2023, were said to have committed the act between 2017 and 2021, when they allegedly converted the said sum received from Shell Western Supply and Trading Limited into personal use.
When the matter was called, the I-G lawyer told the court that the matter was adjourned for the hearing of his motion on notice.
He said the motion, dated March 18, was filed same date.
The senior lawyer said the motion prayed for two prayers, including an order of the court directing the transfer of the charge pending before the court to Lagos State.
He said the grounds of the application were that the elements of the offence in the charge occurred in Lagos and that the witnesses also based in Lagos.
He cited previous cases to back his argument.
“You didn’t know before you came here?” the judge asked, and Lough responded that it was after a careful check, he felt the matter be transferred outside Abuja.
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Responding, Onoja, who appeared for the defendants, said a counter affidavit in opposition to the application was filed after being served on Monday.
The senior lawyer argued that the offence constituting the charge happened in Benin.
Besides, he said that the investigation was done in Abuja before they filed the charge, and that the investigating police officers (IPOs) in the matter lived in Abuja as well.
He argued that all the cases Lough cited were not applicable in the instant suit because in those cases, the defendants raised objections.
Onoja submitted that his client had also taken his plea and expended money to get his bail.
“In the process of taking bail, the 1st defendant lost his liberty because of an error,” he added.
He said in the last adjourned date, all the witnesses were in court, hence, the prosecution had nothing to lose if the case takes place in Abuja.
Justice Omotosho, consequently, adjourned the matter until April 29 for ruling.
On the issue of Akindele’s bail perfection, the judge held that if the defendant had complied with the conditions, the file would be approved.
NAN reports that the businessman was, on Friday, remanded in Kuje Correctional Centre over failure to perfect the bail terms.
The judge, in a short ruling, directed Akindele to be remanded in the correctional centre pending the perfection of his bail.
