The Nation Newspaper

Tag: Cross Country

  • AG Moeller’s MD bags 16 years for operating without CBN license

     

    A Federal High Court in Lagos has sentenced the Managing Director of AG Moeller Nigeria Ltd, Adeloye Olukemi, to 16- year- imprisonment for operating a financial business without a Central Bank of Nigeria (CBN) license.

    Justice Okon Abang ordered AG Moeller to refund N80million to the complainant Bube Okorodudu, and his transportation firm, Cross Country Ltd.

    The judge also ordered AG Moeller to pay a fine of N1million to the Federal Government.

    Olukemi and his firm were arraigned by the police in 2011 on a five-count charge of conspiracy, felony, fraud and operating a financial business without a valid CBN license.

    Olukemi’s sentence consists of one year imprisonment on count one, three years on count two, seven years on count four and five years on count five.

    The sentences, which will run concurrently, took effect from Thursday.

    In the charge, the police said Olukemi and others at large on March 29, 2007 at 2, Ebun Street, Surulere, Lagos, conspired to transact financial business without a valid license by the CBN.

    This contravened Section 517 of the Criminal Code Act, Cap C38, laws of the Federation of Nigeria, 2004.

    The police further accused the convicts of obtaining N80 million from Okorodudu, in excess of the amount due to them.

    Another count reads: “That you Adeloye Richard Olukemi ‘M’ between March, 2007 and January 2010 at the same place in the aforesaid Judicial Division with intent to defraud did obtain the sum of N80m from one Bube Okorodudu, the Chairman/Chief Executive Officer (CEO) of Cross Country Limited in excess of the capital sum of N140m advanced to him through the medium of a contract of finance lease facility induced by false pretence and thereby committed an offense contrary to Section 1 (a-c) and Section 1(2) and punishable under Section 1(3) of the Advanced Fee Fraud and other Fraud Related Offences Act, 2006.”

    Adeloye and AG Moeller pleaded not guilty.

    But, delivering judgment on Thursday, Justice Abang upheld the prosecution’s contention that it had proved its case beyond reason doubt.

    The judge held: “There is no dispute over the allegation of operating a financial business without a valid Central Bank of Nigeria (CBN) license because Olukemi confirmed under cross-examination that their operation on financial business was being done without license from the appropriate authority which is CBN.

    “Besides, there is no contradiction on all the exhibits tendered by the prosecution to prove their case, most especially, 2002 CBN guidelines for financial business operations.

    “With all the evidence and exhibits before the court, there is no doubt the accused are guilty of the offences preferred against them by the prosecution. Ignorance is not an excuse in law, therefore the court finds the duo guilty of the five counts.”

    The judgment put an end to an 11-year trial that was triggered by Okorodudu and Cross Country’s March 5, 2011 petition to the CBN Governor.

     

  • EFCC: Charge against Cross Country boss pending

    The Economic and Financial Crimes Commission (EFCC) yesterday told the Federal High Court in Lagos that a criminal charge filed against Managing Director of Cross Country Limited, Mr Bube Okorodudu, is still pending at the Lagos State High Court.

    Opposing an application by Okorodudu for the enforcement of his fundamental rights, the commission’s lawyer Rotimi Oyedepo said the businessman’s suit was an abuse of court process.

    The applicant is praying the court to restrain the anti-graft agency from arresting or arraigning him.

    Oyedepo said: “This application is a violent abuse of the judicial process. There is a pending charge against him. The application is uncalled for. I urge the court to dismiss it.”

    The lawyer said Justice Lateef Lawal-Akapo of the Lagos High Court had issued a bench warrant for Okorodudu’s arrest, yet he had not turned up for arraignment.

    “He filed an objection to the charge and said he won’t come to court. The judge dismissed it. He still refused to come. The judge issued a bench warrant, still he didn’t come. The day he was supposed to take his plea, he filed an affidavit with a forged medical report,” Oyedepo said.

    Okorodudu’s lawyer, Mr Ajibola Oluyede, said the Attorney-General of the Federation (AGF) took over the case and later entered a nolle prosequi (a formal notice to withdraw a charge).

    “The AGF filed a nolle prosequi which has not been withdrawn. The EFCC is the most corrupt agency in Nigeria and it needs to be purged of the mentality that they can do whatever they like,” he said.?

    But Oyedepo said the nolle prosequi was later withdrawn. “The AGF discovered that he was misled. He sent a junior to withdraw it,” he said.

    In a counter-affidavit to the fundamental rights suit by Okorodudu, Lagos Attorney-General said it gave EFCC a fiat to try Okorodudu and Car Link Limited.

    In the charge, they were accused of conspiracy to steal, stealing, forgery and “uttering” of forged documents.

    Okorodudu and Cross Country were charged along with Car Link with eight counts of conspiracy, stealing of N82.8million, forgery and uttering (using of forged documents).

    EFCC alleged the defendants stole the money through the fraudulent sale of 17 units of Volkswagen transporter buses belonging to AG Moeller Ltd and Mr. Adeloye Olukemi.

  • ‘Criminal charge against Cross Country boss not withdrawn’

    Lagos State has told the Federal High Court in Lagos that the criminal charges filed against Managing Director of Cross Country Limited, Mr Bube Okorodudu, has not been withdrawn.

    In a counter-affidavit to a fundamental rights suit by Okorodudu, the state said it gave a fiat to the Economic and Financial Crimes Commission (EFCC) to try Okorodudu and Car Link Limited.

    In the charge before the Lagos State High Court, they were accused of conspiracy to steal, stealing, forgery and “uttering” of forged documents.

    The Federal High Court had ordered the Attorney-General of Lagos State, the EFCC, Inspector-General of Police, a firm, AG Moeller and its director Adeloye Olukemi, to maintain status quo on the issue.

    But Lagos also filed a preliminary objection to the suit on the basis that Okorodudu is challenging the Attorney-General’s prosecutorial powers under Section 211 of the 1999 Constitution.

    “Contrary to the claim by the applicants that the charge in ID/267C/13 at the Lagos High Court has been discontinued by the Attorney-General of the Federation, the said charge has not been discontinued.

    “The charge is still pending before Hon. Justice Lawal-Akapo of Court No 34,” the state said in the counter-affidavit sworn to by a Chief State Counsel in the Lagos Ministry of Justice, Jonathan Ogunsanya.

    Okorodudu and Cross Country were charged along with Car Link with eight counts of conspiracy, stealing of N82.8million, forgery and uttering (using of forged documents).

    The anti-graft agency alleged that the defendants stole the money through the fraudulent sale of 17 units of Volkswagen transporter buses belonging to AG Moeller Ltd and Mr. Adeloye Olukemi.

  • Alleged theft: AGF takes over prosecution of Cross Country boss

    A Lagos High Court, Ikeja, on Wednesday heard that the Attorney General of the Federation and Minister of Justice, Mohammed Adoke, has directed the Economic and Financial Crimes Commission (EFCC) to hands off the prosecution of Cross Country Transport Limited boss, Bube Okorodudu.

    Okorodudu is standing trial before Justice Lateef Lawal-Akapo, alongside his firms, Cross Country and Car Link Limited, for allegedly stealing N82.8 million by fraudulently selling 17 ‎units of Volkswagen transporter buses belonging to AG Moeller Limited and one Adeloye Olukemi.

    ‎At the resumed hearing on Wednesday, a counsel from the office of the AGF, D.E. Kaswe, told the court that the EFCC was no longer prosecuting the matter.

    ‎He said the AGF took over the matter from the EFCC on September 8, while the court was on vacation‎, adding that the case was taken over because of a sister criminal case before a Federal High Court in Lagos.

    ‎Praying the court for an adjournment to enable the AGF office collect the original file it requested from the EFCC, Kaswe said it would enable them examine the files and reach conclusion.

    On his part, the defence counsel, Taiwo Taiwo, said Okorodudu had voluntarily submitted himself to the police as directed by the court on July 1.

    “The first defendant (Okorodudu) was in their custody and came to court on July 14 but the court could not sit due to the strike by judiciary workers.

    “He was thereafter granted administrative bail by the police and the reason he is not here today is because I was not aware that the matter will be coming up today,” Taiwo stated.

    After hearing the submissions of both counsel, Justice Lawal-Akapo observed that the practice directive by the National Judicial Council was that judges should give priority to high profile criminal cases.

    He said:”I am not in any way impressed with the explanation given by the prosecution counsel that the AGF office is still trying to take over the original case file from the EFCC since September 8.

    “Counsel from both sides should assist the court in dealing speedily with this matter.”

    He held that the bench warrant issued against Okorodudu on July 1 was still in force.

    Lawal-Akapo ordered the police to arrest and produce him in court at the next adjournment fixed for December 2.

  • Alleged theft: EFCC fails to arraign transporter

    The Economic and Financial Crimes Commission (EFCC) again failed to arraign a foremost transporter and Chairman of Cross Country Nigeria Limited, Chief Bube Okorodudu, for alleged theft of N82.8million.

    His arraignment failed to hold on Tuesday in spite of a warrant issued for his arrest by the court.

    A Lagos State High Court, Ikeja, presided by Justice Lateef Lawal-Akapo had two weeks ago issued a warrant of arrest against Chief Okorodudu.

    Justice Lawal-Akapo had ordered the police to ensure that the Cross Country chairman was in court on Tuesday to take his plea on charges against him.

    The EFCC had alleged that Okorodudu stole N82.8million through fraudulent sale of 17 units of Volkswagen transporter buses belonging to one AG Moeller Limited and Mr. Adeloye Olukemi.

    He is being tried along with his two companies, Cross Country Limited and Car Link Limited, on an eight-count charge of conspiracy, stealing, forgery and uttering.

    At the resumed proceeding, his lawyer, Chief Robert Clarke (SAN), told Justice Lawal-Akapo that Okorodudu was ill.

    He tendered a medical report as proof that Okorodudu was ill.

    Clarke also prayed the court to vacate the arrest warrant on the transporter.

  • Court rejects arrest warrant for Cross Country boss

    The Lagos High Court, Ikeja, on Monday rejected the request made by the Economic and Financial Crimes Commission, asking the court to issue arrest warrant for a popular transporter, Bube Okorodudu.

    In his ruling, Justice Lateef Lawal-Akapo dismissed the application, which was filed by the Counsel of the EFCC, Mr. Emmanuel Jackson.

    The EFCC had requested for the warrant, following Okorodudu’s refusal to appear before the court to take his plea.

    The News Agency of Nigeria (NAN) reports Okorodudu and his transport firm, Cross Country Limited are charged with alleged N82.8 million theft.

    They are charged alongside another company, Car Link Limited.

    They are facing an eight-count charge of conspiracy, stealing, forgery and uttering.

    In the ruling, the judge held that an accused presence’s was not mandatory at the hearing of the preliminary objection.

    “The Court of Appeal held that the presence of the accused can be dispensed with pending the hearing and determination of the application challenging the charge.

    “The lower court is bound by the decision of the higher court.

    “Therefore, the invitation to issue the bench warrant is declined and the application is hereby refused.”

    Lawal-Akapo adjourned until May 7 for hearing of Okorodudu’s application challenging the jurisdiction of the court.

     

  • Cross Country boss, Okorodudu asks court to quash N82.8m theft charge

    The Managing Director of Cross Country Limited, Mr Bube Okorodudu has asked the Lagos High Court sitting in Ikeja to quash the N82.8 million theft charge preferred against him by the Economic and Financial Crimes Commission (EFCC).

    He made the request in a preliminary notice of objection by his counsel, Chief Robert Clarke (SAN), before the court presided over by Justice Lateef Lawal-Akapo.

    The EFCC had charged Okorodudu and his company, to court with another company, Car Link Limited.

    They are facing an eight-count charge bordering on conspiracy, stealing, forgery and uttering.

    The EFCC alleged that the defendants stole the money through the fraudulent sale of 17 units of Volkswagen transporter buses belonging to AG Moeller Limited and Mr Adeloye Olukemi; allegation which Okorodudu denied.

    At the resumed hearing last week, Clarke told the court that  the defence had filed an application challenging the competence of the charge and the jurisdiction of the court to hear and determine the matter.

    He submitted that the EFCC had no power to prosecute criminal cases under a state high court, adding that all the 400 cases filed by the EFCC before the Lagos State High Court should be struck out.

    Counsel to Car Link Limited, Chief Ladi Rotimi William (SAN),  described the charges as absurd since the defendants had already made payments for the buses.

    “The proof of evidence does not disclose a prima facie case against the defendants requiring them to stand trial,” Williams said.

    According to him, the disagreement between the defendants and the complainants was purely a civil matter, which was already before the Federal High Court in Lagos.

    But counsel to the EFCC, Mr Aliu Adebayo told the court that the EFCC needed more time to respond to the application.

    Adebayo asked the court for an adjournment to enable the EFCC gather some vital documents, which would be attached to its application.

    The judge, however, expressed dissatisfaction with the conduct of the EFCC.

    Justice Lawal-Akapo said Adebayo’s excuse for an adjournment was flimsy and unpalatable.

    He, however, adjourned the matter till March 3, 2014  for hearing of arguments on the applications.

     

  • Court quashes N595m theft charge against Cross Country boss

    Lagos State High Court, Igbosere yesterday dismissed a N595million theft charge brought against Chairman of Cross Country Transport Limited, Bube Okorodudu by the state government.

    He was charged with two counts of obtaining by false pretence and stealing the sum from Chief Executive Officer of Tetrazini Food Limited, Donatus Okonkwo.

    However, Okorodudu, through his lawyer, Ladi Williams (SAN) sought an order of court quashing the two-count charge.

    Ruling on the application yesterday, Justice Samuel Candide-Johnson said the prosecution did not exhibit both the legal advice by the Director of Public Prosecution (DPP) and the police investigation report on the matter.

    He said it was unfair to ascribe criminality to Okorodudu in the face of inconclusive evidence, adding that the absence of DPP’s advice left him with no choice than to dismiss the charge.

    The judge held that the information constituted an abuse of court process, and therefore made an order “quashing the two-count charge.”

    The Directorate of Public Prosecution, Lagos Ministry of Justice had said in the charge that Okorodudu, sometimes in April 2008, at Victoria Island, Lagos obtained N595 million as full purchase price of property at Plot A14, Lekki-Pennisula Phase 1, from one Prince Donatus Okonkwo.

    It said he fraudulently misrepresented to the purchaser that he had paid to the Lagos State Government the full price and obtained deed of occupancy, knowing fully well that such representation was false.

    However, Okorodudu’s lawyer said his client was not properly served with the information. He added that the charge amounted to abuse of court process, and that the police investigation was incomplete.

    The lawyer told the court that the proof of evidence did not disclose any prima-facie case against Okorodudu, and that his client ought not to be charged in a criminal court as the matter was a civil case.

    Besides, he said the information was improper and amounted to oppressive use of power by the Lagos Attorney-General, on whose behalf the charge was filed.