of evading service.
A Federal High Court sitting in Lagos has fixed April 2 for the
arraignment of the senator who is also Chairman of Capital Oil and Gas
Limited over alleged N135 billion fraud.
Ubah will be arraigned alongside his company for defrauding the Asset
Management Company of Nigeria [AMCON].
The Anambra-born businessman, who has publicly denied the allegation,
was due for arraignment last December 4, on a four counts charge, but
was absent.
The prosecuting counsel had filed an ex parte application seeking
permission for the court’s balliff to serve Ubah the charge through his
lawyer, Dr. Olisa Agbakoba, SAN, as he is allegedly evading service.
The counsel, in the application supported by an affidavit sworn to by
Haleemah Adegoke, averred that Haleemah tried to effect service of the
charge on Ubah personally in December, 2019 at Capital Oil and Gas
Industries’ registered office, but was unable to serve him personally.
In a short ruling, Judge Oweibo granted Adegoke’s prayer.
Justice M. G. Umar of a Federal High Court, Benin City, Edo State has
adjourned the trial of Pastor Osagie Ize-Iyamu, a former governorship
candidate of the Peoples Democratic Party, PDP in the state to March 2,
2020.
Ize-Iyamu, is being prosecuted by the Economic and Financial Crimes
Commission, EFCC, alongside Lucky Imasuen, former deputy governor of Edo
State, Chief Dan Orbih, PDP chairman in Edo State; Tony Aziegbemi and
Efe Erimuoghae.
At today’s sitting, the case was stalled due to the absence of the fifth
defendant, Erimuoghae who was said to be ill.
Counsel for the EFCC, Larry Peters Aso, told the court that he was
shocked that Erimuoghae’s counsel wrote a letter to the court seeking
that the case be adjourned to June.
He said: “It is a ploy to frustrate the trial.
“His counsel told me that his client would not be in court due to
illness but to request for a six months adjournment should be
disregarded.”
Counsel for the first defendant, K. O. Obamugie asked the court to
adjourn for a reasonable length of time to enable the defendant recover
properly in order to be able to face his trial. The same argument was
canvassed by Professor O. G. Izevbuwa, counsel for the second defendant.
However, Justice Umar adjourned the case to March 2, 2020 and ordered
that the defendant should do all that is necessary to be in court on the
adjourned date.
It will be recalled that they were first arraigned before Justice P. I.
Ajoku on an eight-count charge bordering on money laundering on May 24,
2018.
They were alleged to have sometime in March 2015, in Benin City directly
taken possession of the sum of N700million without any contract award
which sum was allegedly part of proceeds of an unlawful act, to wit:
fraud and corruption.
One of the counts reads: “That you, Pastor Osagie Ize-Iyamu, Lucky
Imasuen, Tony Azigbemi, Chief Dan Orbih, Efe Erimuoghae Anthony and
Chief Anthony Anenih (now at large) sometime in March 2015 in Benin,
within the jurisdiction of this Honourable Court did directly take
possession and control of the sum of N700,000,000.00 (Seven Hundred
Million Naira) only, without any contract award which sum you reasonably
ought to have known form part of proceeds of an unlawful act, to wit;
fraud and corruption; and thereby committed an offence contrary to
Section 15(2)(d) of the Money Laundering (Prohibition) Act 2011 (as
amended by the Money Laundering (Prohibition) Amendment Act 2012 and
punishable under Section 15(3)of the same Act.”