A Federal High Court, Abuja, on Wednesday, fixed April 29 for ruling on a motion filed by the Inspector-General (I-G) 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 just as his application for bail was put in suspense.
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.
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 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 occured in Lagos and that the witnesses also based in Lagos.
He cited the 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.
The senior lawyer argued that the offence constituting the charge happened in Benin.
Well, 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.
Mr Onoja submitted that his client had also take his plea and expended money to get his bail.
During 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.
In regards to the issue of the perfection of the bail of Akintoye Akindele, the judge held that of if the defendant had complied with the conditions, the file would be approved.
The businessman was remanded on Friday in Kuje Correctional Centre over failure to perfect the bail terms.
In a short ruling, the judge directed Akintoye Akindele to be remanded in the correctional centre pending the perfection of his bail.
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