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Tag: Justice Ibrahim Buba

  • Alleged N2.4b debt: Ex-minister loses bid to stop bank’s takeover of property

    The Federal High Court in Lagos Monday refused an application by a former Petroleum Minister Chief Don Etiebet’s company which sought to stop Access Bank Plc from taking over his property known as Etiebet’s Place.

    The property is on Mobolaji Bank Anthony Way, Ikeja, Lagos, in the name of Etiebet’s company, Obodex Nigeria Limited.

    Ruling Monday, Justice A. Liman refused the company’s application for stay of execution of a December 17, 2018 judgment of Justice Ibrahim Buba, which empowered Access Bank to take over the property.

    The bank had sued Obodex Nigeria over an alleged debt said to be to the tune of N2.4billion.

    But, the firm challenged the court’s jurisdiction to hear the suit.

    Justice Buba, last December 17, dismissed the firm’s objection and ruled in the bank’s favour.

    Access Bank subsequently took over Etiebet’s Place and appointed a Senior Advocate of Nigeria, Mr. Kunle Ogunba, as receiver/ manager to manage the property towards recovering the alleged debt.

    Dissatisfied, Obodex Nigeria filed an appeal as well as an application for stay of execution of the judgment.

    Through its lawyer, Mr. Dele Adesina (SAN), it sought an order restraining Ogunba and his privies or assignees from “advertising or offering for sale, selling, mortgaging, transferring, alienating or otherwise interfering with the applicant’s equitable right of redemption on the property situated and lying at 21 Mobolaji Bank Anthony Way, Ikeja, Lagos, also known as Etiebet’s House, pending the hearing and final determination of the applicant’s appeals.”

    While urging the court to grant his application, Adesina said: “I urge your Lordship to grant a stay of proceedings and stay of execution so that we’re not foisted this court with a fait accompli.”

    But Access Bank, through Ogunba, opposed Obodex’s application, saying it was “totally misconceived”.

    The insolvency practitioner said the receiver-manager was already in control of the applicant’s property, hence the application was belated.

    “The defendant wants to eat his cake and have it. It’s very reprehensible. They admitted the debt and pleaded for time. They signed a mortgage. We urge your Lordship to discountenance their application,” Ogunba argued.

    Justice Liman upheld Ogunba’s arguments and refused to grant Etiebet’s firm’s application.

  • Updated: COSON loses suit to stop MCSN as collecting society

    Updated: COSON loses suit to stop MCSN as collecting society

    A Federal High Court in Lagos has held that the Musical Copyright Society of Nigeria (MCSN) is an authorised Collective Management Organisation (CMO) for musical works and sound recordings in Nigeria.

    Justice Ibrahim Buba gave the ruling Tuesday in a suit filed by the Copyright Society of Nigeria (COSON) Ltd seeking to stop MCSN from operating as a CMO.

    The judge held that MCSN was validly authorised by the Nigerian Communications Commission (NCC) to collect royalties on behalf of artistes.

    The court also ruled that contrary to COSON’s claim, the NCC is authorised to approve more than one CMO to collect royalties for artistes.

    In another instance, Justice Buba held that Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), lawfully directed NCC to withdraw the cases it filed against the MCSN.

    He dismissed for want of merit, COSON’s entire suit against first defendant MCSN, second defendant NCC and third defendant, the AGF.

    The judge, however, vowed to report MCSN’s counsel, Romeo Michael, to the Legal Practitioners’ Disciplinary Committee for alleged abuse of court process.

    Earlier, Michael brought an application seeking to stall the judgment, but Justice Buba suo moto ruled against the motion, describing it as a ploy to arrest the day’s business.

    The judgment brings to an end several controversies surrounding the case.

    COSON filed the suit marked FHC/L/CS/1259/2017 last April, seeking a declaration that NCC failed to comply with Section 39(2) (d) of the Copyright Act 2004 and Copyright (CMO) Regulations 2007, when it registered MCSN.

    It prayed the court to hold that the registration was thus void “ab initio and of no effect whatsoever.”

    It also sought, among others, a perpetual injunction restraining NCC from approving MCSN as a CMO.

    This was opposed by the defendants.

    Following hearing, judgment in the suit was slated for last December 6, but it was subsequently adjourned till December 14.

    However, on December 14, Justice Buba announced that the case file had been taken from him and that he had no choice but to adjourn the judgment indefinitely.

    But on Monday, the parties were notified that judgment would be delivered Tuesday.

     

    Read Also: COSON rejoices as case file returns to Justice Ibrahim Buba

  • COSON rejoices as case file returns to Justice Ibrahim Buba

    COSON rejoices as case file returns to Justice Ibrahim Buba

    Following protests by members of Copyright Society of Nigeria (COSON), the case file in Suit No FHC/L/CS/1259/2017, filed by COSON against the Attorney General of the Federation, Abubakar Malami, and the Musical Copyright Society of Nigeria (MCSN), has been returned to Justice Ibrahim Buba of the Federal High Court, Lagos for judgment to be delivered.

    Justice Buba is now scheduled to deliver the judgment today in Lagos.

    Judgment in the suit was initially slated for December 6, 2017 but was adjourned till December 14.

    On December 14, 2017, however, the judgment was still not read as the judge announced that the case file had been taken from him and that he had no choice but adjourn the judgment indefinitely.

    Chairman of COSON, Tony Okoroji therefor coordinated a protest with music industry stakeholders demonstrating at different Federal High Court locations around the country.

    COSON has also called for the resignation of the Acting Chief Judge of the Federal High Court, Justice Abdul Kafarati, for his alleged role in the matter.

    Speaking on the return of the case file, Okoroji said “There is no question that this is a major victory for COSON and the Nigerian creative community. Everyone however knows that our objective is not just judgement but justice. We are not naïve. Everyone must ask why they are so scared of unfettered judgement in this matter. After many weeks of arm-twisting, high level manipulation and blackmail, we must be prepared for every outcome.”

  • Akpobolokemi ordered to explain role in alleged N2.6b fraud

    Akpobolokemi ordered to explain role in alleged N2.6b fraud

    A Federal High Court in Lagos has ordered a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, to explain his role in an alleged N2.6billion fraud.

    Justice Ibrahim Buba overruled and dismissed the ‘no case’ submission filed by Akpobolokemi and five other co-defendants.

    The other defendants are: Ezekiel Agaba, Ekene Nwakuche, Governor Juan and two firms, Blockz and Stonz Ltd and Al-Kenzo Logistic Ltd.

    The judge ordered them to enter their defence on October 30.

    Justice Buba said the arguments on the no-case submission by defence counsel, Joseph Nwobike SAN, was without merit.

    He upheld the argument of the Economic and Financial Crimes Commission (EFCC) through its counsel Rotimi Oyedepo that a prima facie case had been established against the defendants.

    Justice Buba held: “From the evidence of the first prosecution witness, it is well established that all the defendants have a case to answer.

    “The exhibits tendered and testimonies of other witnesses have established that there is a prima facie case against the defendants. I see no merit in this application. This application lacks merit, so, it is overruled. The defendants should open their defence to prove their innocence”.

    On December 4, 2015 the EFCC arraigned the defendants on a 22-count charge of diverting N2.6b from NIMASA coffers between December 2013 and May 2015.

    The anti-graft agency claimed that the funds were approved by ex-President Goodluck Jonathan for the implementation of a security project.

    The alleged offences contravene Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

    The defendants pleaded not guilty.

    The prosecution closed its case after calling 12 witnesses.

    But the defendants, rather than open their defence, filed no-case submissions, claiming that the EFCC failed to link their clients with the alleged funds diversion.

    Specifically, Nwobike said Akpobolokemi could not be liable because ex-President Jonathan, and not Akpobolokemi, approved the security project and the money disbursed.

    Other defendants’ counsel, Mr. Seni Adio (SAN), Ige Asemudara and Emeka Onyeke similarly urged the court to hold that the prosecution failed to link their clients to the alleged crime.

    But opposing the application, the prosecution maintained that the testimonies of the 12 witnesses called and the 77 exhibits tendered had successfully linked Akpobolokemi and others to the alleged fraud.

    Oyedepo argued that Akpobolokemi, as head and chief accounting officer of NIMASA at the time of the alleged fraud, could not “by any stretch of imagination, claim to be innocent.”

    He said even though it was ex-President Jonathan who approved the security project and sanctioned the disbursement of the funds, Akpobolokemi was the head of NIMASA who constituted a committee to handle the project and also approved funds for the activities of the committee.

  • EFCC to court: Tompolo is a fugitive in law

    EFCC to court: Tompolo is a fugitive in law

    The Economic and Financial Crimes Commission (EFCC) Thursday asked the Federal High Court in Lagos to dismiss a rights enforcement suit filed against it and others by a wanted former Niger Delta militant, Chief Government Ekpemulopo, alias Tompolo.

    Tompolo, who was declared wanted last February 12, is praying the court to protect him from prosecution for an alleged N45.9 billion fraud.

    He sued the Inspector-General of Police, the Chief of Army Staff, the EFCC, the Chief of Naval Staff and the Chief of Air Staff.

    EFCC’s lawyer, Mr Rotimi Oyedepo, said Tompolo “is a fugitive in law”, and so, should not be allowed to seek redress in court until he submits himself for trial.

    He argued that given the materials placed before the court, it was clear that Tompolo was in contempt of the order of Justice Ibrahim Buba, who had earlier compelled his attendance in court to answer to charges preferred against him.

    Oyedepo described the application as an abuse of court process, since it was trite that a party who is in contempt of court cannot seek redress.

    He urged the court to throw out the application for lacking in merit.

    Oyedepo argued that in his originating processes, the applicant had in contradiction of his claims, annexed a copy of his notice of appeal which he signed personally.

    He argued that if Tompolo was ignorant of the charge, he would not have hired a lawyer to file an appeal.

    Oyedepo said the charge against the applicant bordered on fraud, in which billions of naira were lost by the Federal government.

    He, therefore, urged the court to dismiss the application and award “heavy” cost against the applicant for abusing the court’s process.

    Tompolo’s lawyer, Mr Ebun-Olu Adegboruwa, argued that in criminal law, service of a charge was personal and cannot be presumed, adding that there is no evidence before the court showing that the charge was served on the applicant.

    Adegboruwa said his client could not be cited for contempt, adding that since the beginning of the proceedings, the applicant could not be said to have breached any court’s order.

    He argued that it is a constitutional right of the applicant to apply to court to enforce his right, adding that it cannot be waived.

    Justice Mojisola Olatoregun fixed June 19 for judgment.

     

     

  • Movie “Okafor’s Law” is my intellectual work, says  Omoni Oboli

    A Federal High Court in Lagos on Wednesday ordered advance service of court processes in a suit brought against Nollywood producer, Omoni Oboli, over copyright infringement of the movie, “Okafor’s Law”.

    Justice Ibrahim Buba, who gave the order, said advance copies of processes should be served on both counsel by email so as to ensure that justice was achieved in good time.

    Buba had on March 24, granted an interim order, stopping the premiere and release of “Okafor’s Law” scheduled for March 24.

    The ex parte order consequently halted the planned premiere of “Okafor’s Law” at the IMAX Cinema in Lagos.

    The judge issued the orders following an exparte motion filed by a company — Raconteur Production Ltd on behalf of a Canada-based script writer, Mr Jude Idada, seeking same reliefs.

    Joined as defendants in the suit are Dioni Visions Entertainment Ltd, Omoni Oboli, and The Filmone Ltd.

    The court had issued the orders, suspending the release and launch of the film in any movie theatre or cinema house on March 31 pending the determination of a motion on notice before the court.

    The judge had also issued an Anton piller Order (order to enter and seize) to seize all copies, materials, projections or infringing materials, relating to the subject matter.

    At the resumed hearing of the motion on notice on Wednesday, former President of the Nigerian Bar Association, Mr Augustine Alegeh (SAN), announced appearance for the the first and second defendants (Dioni Ltd and Oboli).

    In the same vein, Mr Yomi Awotunde, announced appearance for the third defendant (Filmone), while Mrs O. Otudor appeared for the plaintiff.

    Addressing the court, Otudor said she had received the counter-affidavit for the first and second defendants, but had yet to receive any processes from the third defendant.

    She told the court that counsel to the first and second defendant had just served their counter-affidavit on her in the courtroom, adding that she required time to study and respond to it.

    She, therefore, urged the court to grant more time to allow the plaintiff to file a reply.

    On his part, Alegeh asked the court to order a speedy hearing of the motion on the grounds that the ex parte order had stalled the premiering of the film on March 24.

    He noted that the movie had been premiered in Toronto and Stockholm in 2016, adding that he launch had been fixed for March 31 (Friday), and so, a speedy hearing of the motion on notice would be appropriate.

    In a short ruling, Justice Buba abridged the time for hearing of the motion on notice to March 30, adding that he was concerned with achieving justice.

    He directed plaintiff”s counsel to ensure that advance copies of court processes were served on the defence by email to ensure that the motion is heard without hindrances.

    He, therefore, fixed March 30 for hearing of the motion by 10.00 am.

    NAN reports that Idada  claimed that “Okafor’s Law” is his intellectual property, and accused Oboli of copyright infringement.

    He said she had stolen his story idea for the movie in September 2016, adding that Oboli took the work he had done regarding “Okafor’s Law”, and developed it without giving him due credit.

    He avers that the producer went ahead to set March 31 as a release date for the movie in spite of a demand letter sent to her as well as a copyright infringement suit instituted.

     

     

     

    Meanwhile, in a counter-affidavit deposed to on behalf of Dioni Visions Ltd by one Tomi Adeoye, she avers that sometime in 2014, the second defendant (Omoni Oboli) came up with the story idea of “Okafor’s Law”.

    She explained that “Okafor’s Law” is a principle in which ex-lovers could always rekindle their love or relationship, even after they are married to other partners.

    She said in accordance with Nigerian Law both Oboli and her company (Dioni Visions) proceeded to register the film with the National Film and Video Censors Board.

    She said having secured their legal right to the said film, they contracted Jude Idada to write the screen play for a fee of N750,000 although no written contract was executed.
    According to the deponent, Oboli later had a meeting with Idada, where she revealed to him the story idea and concept of “Okafor’s Law” to enable him to have a good grasp of the subject for a proper development of the screen play.
    She also averred that when Idada was contacted thereafter, he claimed that the work he had done on the film was lost when his computer was stolen in Uganda, and promised to re-write the screenplay.
    The deponent averred that when several attempts to reach Idada for the script failed, they decided to write the screen play and thereafter produce the movie — Okafor’s Law.
    The defendant, therefore, avers that Jude Idada is not the owner of the story and idea of “Okafor’s Law, and does not posses any copyright in respect of same.

    NAN also reports that “Okafor’s Law” stars are Richard Mofe Damijo, Toyin Aimakhu, Blossom Chukwujekwu, Ken Erics, Yvonne Jegede, Halima Abubakar, Gabriel Afolayan, Funke Bucknor among other nollywood actors and actresses.

    Oboli is a popular Nollywood Producer, actress, Director and script writer.

     

  • Tompolo to judge: Refer my case to Appeal Court

    Tompolo to judge: Refer my case to Appeal Court

    Wanted ex-Niger Delta militant leader, Chief Government Ekpemupolo (alias Tompolo), on Tuesday asked Justice Mojisola Olatoregun-Ishola of the Federal High Court in Lagos to refer his case to the Court of Appeal for determination.
    Tompolo is seeking an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act (ACJA) 2015 to the extent of their inconsistency with the 1999 Constitution.”
    The applicant said the issues raised in his suit were novel. According to him, since there is no precedent, it would be better for the Court of Appeal to determine the case as any decision reached on the case“would affect many criminal and civil cases all over Nigeria where the ACJA is being applied.”
    In a supporting affidavit deposed to by Oladapo Sofola, Tompolo said: “A decision of this court on these issues will eventually be submitted to the Court of Appeal for review. Valuable time and resources will be saved if these issues are henceforth referred by this honourable court to the Court of Appeal as requested. The interest of justice will be better served if the substantial issues of law are so referred.”
    Through his lawyer Ebun-Olu Adegboruwa, Tompolo said sections 221 and 306 of the ACJA were unconstitutional because they prevent a court from entertaining any objection to a criminal charge or an application for stay of proceedings pending appeal.
    Section 221 says: “Objections shall not be taken or entertained during proceedings or trial on the ground of an imperfect or erroneous charge.” Section 306 says: “An application for stay of proceedings in respect of a criminal matter before a court shall not be entertained.”
    Tompolo wants the Court of Appeal to determine the following: (1) whether the ACJA sections are in consonance with sections 4 (8) 6 and 36 of the 1999 Constitution; (2) whether the sections are in consonance with Article 7 (1) (d) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 2004; and (3) whether the sections do not constitute flagrant violations of the guaranteed constitutional right of the applicant.
    Opposing Tompolo’s application, Attorney-General of the Federation, represented by Tolu Mukoro, urged the court to dismiss it. He said the Section 45 of the 1999 Constitution permits the government to enact any law such as the ACJA.
    He further submitted that since Tompolo has been consistently absent in the main criminal proceedings leading to the civil suit, he should not be allowed to take benefit of his wrongdoing to obtain any favour from the court.
    Counsel to the Economic and Financial Crimes Commission (EFCC), Ibrahim Mohammed also urged the court to dismiss the suit.
    Justice Ibrahim Buba, before whom criminal charges against Tompolo are pending, had on January 14, issued a warrant for Tompolo’s arrest. But Tompolo, on January 27, filed an application to set the warrant aside. OnFebruary 8, Justice Buba dismissed the application. Tompolo thereafter appealed the ruling on February 18.
    EFCC, on March 22, arraigned Tompolo in absentia over N34billion fraud after he failed to turn up despite being declared wanted. He was said to be “at large” in the charge.

    He was also absent on April 18 when his co-accused, former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Dr Patrick Akpobolokemi and others, were arraigned for alleged N22.7 billion fraud. He was also said to be “at large”.

    Justice Olatoregun-Ishola adjourned until December 12 for ruling on Tompolo’s application.
  • Court restrains R.T. Briscoe from access to funds over N2.5b debt

    Court restrains R.T. Briscoe from access to funds over N2.5b debt

    *Firm: We’re not indebted to bank

    The Federal High Court in Lagos has restrained an automobile and generator company, R.T. Briscoe Nigeria Plc, from withdrawing its funds in any bank over an alleged N2.5billion debt owed Diamond Bank Plc.

    Justice Ibrahim Buba granted an order of interim injunction restraining the company, its directors or management from “operating, withdrawing from or otherwise tampering with the respondent’s funds in any bank of financial institution within Nigeria.”

    The order, the judge said, will subsist until the bank’s application for the appointment of a provisional liquidator for the company is heard and determined.

    Justice Buba also made a consequential order compelling the affected banks where R. T. Briscoe has accounts to furnish Diamond Bank or its firm of solicitors with details of credit outstanding in the company’s accounts within seven days.

    The judge further barred R.T Briscoe from alienation, dissipating or transferring its fixed and moveable assets, properties, machinery and tools of trade until the bank’s application for appointment of a liquidator is determined.

    Diamond Bank, in its winding-up petition, said R.T Briscoe is its long-standing customer since May 2012.

    It said it availed the bank global facilities which include an overdraft facility, letter of credit facility and term loan, which were all availed in tranches.

    The facilities, the bank said, were for the purchase of Toyota brands of vehicles and spare parts, importation of Atco brand of generators and compressors, purchase of a piece of land in GRA, augmentation of its working capital, among others.

    The bank said following a Central Bank of Nigeria (CBN) directive on non-performing loans, it made a demand for the recovery of total overdue loan obligations of N712,488,921.67 and a total outstanding indebtedness of N2,529,687,108.86 as at last June 3.

    Diamond Bank said it agreed to restructure the credit facilities by revising the repayment schedule, yet the company “willfully failed and/or neglected to liquidate the indebtedness in accordance with the strict adherence to the revised schedule.”

    “The respondent is still heavily indebted to the petitioner in the sum of N2,478,284,729.88 as at May 2016,” the bank told the court through its lawyer Kunle Ogunba (SAN) of Insolvency Forte.

    The bank said R.T Briscoe is “insolvent and unable to pay its just and legitimate debts”, and should, therefore, be wound-up by the court in line with sections 409(1) and 410 (1) (b) of the Companies and Allied Matters Act of 2004.

    But, R.T Briscoe has urged the court to discharge or set aside the interim order of injunction because the bank allegedly suppressed and misrepresented material facts to the court.

    The company said the Companies Winding Up Rules require the petitioner to make the application for injunction on notice rather than ex-parte.

    “There are third party interests being adversely affected by the interim order of injunction granted against the respondent,” R.T Briscoe said.

    The company denied being indebted to the bank to the tune of N2.5billion as at May “or at any time”.

    It claimed to have been servicing its loan obligations monthly despite awaiting the final approval for the loan restructuring.

    R.T Briscoe said its business has been “crippled” by the order as no staff or contractors or suppliers could be paid.

    “It is in the interest of justice to set aside and discharge the interim order of injunction,” the company added.

    Justice Buba adjourned until July 8 for hearing.

  • Court dismisses ex-NIMASA chief’s forced statement claim

    The Federal High Court in Lagos Tuesday dismissed the claim by former Nigerian Maritime Administration and Safety Agency (NIMASA) Executive Director, Maritime Safety and Shipping Development, Captain Ezekiel Agaba, that the Economic and Financial Crimes Commission (EFCC) forced him to make a statement against his will.

    Justice Ibrahim Buba, in a ruling on a trial-within-trial, held that statements by Agaba and his former aide Ekene Nwakuche were made voluntarily.

    Agaba had alleged that EFCC starved him for two days and threatened to further detain him if he refused to write what the operatives wanted. He claimed that his demand for his lawyer to be present was refused.

    Also testifying in the trial-within-trial yesterday, Nwakuche claimed he was never allowed access to his lawyer while making his statements at the EFCC.

    He alleged that an EFCC operative Orji Chukwuma tutored him on what to write.

    On whether his interrogation was video recorded, he said: “I was even asked to remove my shiny wrist band on suspicion that it was a recording device.”

    Under cross examination by the prosecution counsel Rotimi Oyedepo, Nwakuche admitted that he was cautioned before his statements were obtained, and that he did not make a formal complaint to EFCC chairman because he feared such as report would not “see the light of the day”.

    Justice Buba asked prosecution and defence counsel to address the court before he delivers his, but defence counsel Edoka Onyeke and Lanre Olayinka objected on the basis that they were not prepared.

    The judge refused their prayer for adjournment, noting that a trial-within-trial could be conducted in a day and ruling delivered same day.

    Oyedepo, in his address, said: “The second defendant admitted that his daughter was always allowed into the EFCC to bring him food and fruits; this is a clear departure from his evidence in chief.

    “I urge the court to hold that the evidence of PW 1 to 3 has clearly established that the statements of second and third accused were made voluntarily,” he said.

    Ruling, Justice Buba held that the objections against the statements were an afterthought.

    He said: “By the provision of section 28 of the Evidence Act, the onus to show that a statement was taken voluntarily rests with the prosecution, and the defendant has no corresponding duty to show otherwise.

    “The second defendant admits that he was granted bail by the EFCC, and was coming to the commission from his home with his driver.

    “Where a defendant is on bail and chose not to come with his lawyer to make a statement, then he cannot complain.”

    He admitted the defendants’ statement as evidence and adjourned until June 30 for continuation of trial.

  • Bank, others seek to quash N327million fraud charge

    Bank, others seek to quash N327million fraud charge

    The Nigeria International Bank Limited and 16 others charged with alleged N327million fraud have urged the Federal High Court in Lagos to quash the criminal charge.

    The charge, filed by the Attorney-General of the Federation (AGF) Abubakar Malami (SAN) is pending before Justice Ibrahim Buba.

    The accused persons were charged with 20 counts of conspiracy to defraud, intent to defraud by means of false pretenses, conspiracy to commit fraud, falsification of document, presenting untrue documents, counterfeiting and production of forged documents.

    They allegedly conspired to commit an offence by inducing Micmerah International Agency Limited, by means of false pretences and with intent to defraud, to deliver N250million to them. The money, said the prosecution, was intended to be used for offsetting a fraudulent import finance facility scheme.

    Thursday, defence counsel, Prof Taiwo Osipitan (SAN), said he had filed an application seeking to quash the charge.

    “We filed a motion to quash the charge on the basis of abuse of court process. This is the third time the case will be filed after two previous Attorneys-General entered a nolle prosequi (a formal notice by a prosecutor to withdraw a charge).

    “They (prosecution) cannot be using the machinery of the court to oppress and irritate the accused,” he said.

    Prosecution counsel Mr Gordy Uche (SAN) said the defendants ought to be present before they can bring any application to quash the charge, in line with Section 396 (1) of the Administration of Criminal Justice Act (ACJA) 2015.

    “I see this application as the height of arrogance. Having been served with a criminal summons, they ought to be here. They cannot stay in their homes and ask the court to dispense with their appearance. It is only after plea has been taken that they can raise objection,” he said.

    Osipitan said since the defendants were challenging the constitutionality of the charge, they were not bound to be present. He said the court’s jurisdiction has to be determined first.

    According to the prosecution, the defendants on January 31, 2001 at 1, Idowu Taylor Street, Victoria Island, Lagos, also allegedly conspired with a Central Bank of Nigeria (CBN) staff to induce Micmerah International to deliver N55million to Mikky Dons Nigeria.

    The money was said to be meant for payment of Customs Duty on four Volvo luxury buses and two 40 feet containers imported by Micmerah International.

    According to the prosecution, the accused forged Customs Revenue Receipts for N55million with intent that they may be acted upon as genuine in order to defraud Micmerah International and the Federal Government.

    The defendants “contributed to Nigeria’s economic adversity” by diverting money meant for payment of Customs duty to themselves, the prosecution said.

    The alleged offences contravene sections 1(1)(a) (b) and 8 (a) of the Advance Fee Fraud and other Related Offences Act 2004; sections 161 (1) (a) and 162 (a) of the Customs and Excise Management Act; Section 1 (2)(c) of the Miscellaneous Offences Act of 2004 and Section 516 of the Criminal Code Act of 2004.

    Justice Buba adjourned until May 9 to enable the prosecution respond to the application to quash the charge.