The Inspector General of Police (IGP) has asked a Federal High Court in Abuja, to order the transfer of the trial of the Managing Director and Chief Executive Officer (MD/CEO) of Duport Midstream Company Limited, Akintoye Akindele, to the Lagos division of the Federal High Court.
Akindele and his company are standing trial on a four-count criminal charge bordering on alleged diversion of the sum of $5,636,397.01 and N73,543,763.25, belonging to Summit Oil International Ltd.
The two defendants, 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 into personal use.
While the defendants had pleaded not guilty to the charges, Akindele was granted bail in the sum of N750 million.
At the last sitting, trial judge, Justice James Kolawole Omotosho had ordered Akindele’s remand at the Kuje prison, Abuja, pending the confirmation of the perfection of his bail.
Justice Omotosho had declined an oral application by police counsel, Mr Simon Lough, SAN, to transfer the trial to Lagos on the grounds that such applications must be through affidavit evidence and that the defendants be also served and respond accordingly.
When the matter came up, Lough informed the court that the application dated and filed March 18, is seeking an order directing transfer of the charge pending before the court to the Federal High Court in Lagos.
He said that the request was predicated on the grounds that the evidence of the charge occurred in Lagos and that the witnesses are in Lagos.
The senior lawyer, who stated that the motion was supported by a 10-paragraph affidavit said the plaintiff is relying on the case of Belgore versus the Federal Republic of Nigeria, wherein the apex court in its judgment set aside the conviction of the appellant on grounds of territorial jurisdiction.
He informed the judge that the judgment of the trial court which found the defendant guilty of money laundering was upheld by the Court of Appeal, but on getting to the apex court, the appellant raised the issue of jurisdiction, which was upheld and the apex court nullified his conviction.
He therefore urged the court to grant the application and order the transfer of the case to Lagos because “the proof of evidence, the six witnesses are in Lagos, all the companies and banks involved are in Lagos”.
But, the defendants through their lead counsel, Chief James Ogwu Onoja, SAN, disagreed, pointing out that the alleged offences in the charge occurred in Benin and not in Lagos.
Onoja in urging the court to dismiss the application said that the defendants are willing to waive their rights and have the matter tried in Abuja.
He observed that the first defendant has already spent much money to secure his bail and transferring the case to Lagos would mean starting the case all over again, with the defendants’ arraignment and application for bail, among others.
While noting that the investigation of the defendants was done in Abuja, with all the Investigation Police Officers (IPOs) residing in Abuja, the senior lawyer submitted that there is nothing stopping the court from entertaining the suit.
“We would have taken the matter at the last adjourned date, the witnesses were in court “, he said.
After listening to all parties, Justice Omotosho subsequently fixed April 29, for ruling.
Meanwhile, the judge who promised to look into the file of the first defendant, held that Akindele would be released from custody if it is established that he has perfected the bail.
Count one of the charge reads: That you Akintoye Akindele male 49 years MD/CEO of Duport Midstream Company Limited of D2 Mambilla Close Osborne Estate Ikoyi Lagos and Duport Midstream Company Limited of 42 Alexander Avenue Ikoyi Lagos between October, 2017 and November, 2021 in Lagos state within the jurisdiction of this honourable court while acting in concert conspire together to commit felony to wit: Stealing by conversion of the sum of $ 5,636,397.01 Million USD and N73,543,763.25, you thereby committed an offence contrary to section 516 of the Criminal Code law, Cap C38 laws of the Federation of Nigeria 2004.
Count two: That you Akintoye Akindele male 49 years MD/CEO of Duport Midstream Company Limited of D2 Mambilla Close Osborne Estate Ikoyi Lagos and Duport Midstream Company Limited of 42 Alexander Avenue Ikoyi Lagos between October, 2017 and November, 2021 in Lagos state within the jurisdiction of this honourable court while acting in concert Stole by dishonest conversion to your use the sum of $ 5.636,397 01 Milton USD and N73,543,763 25 property of Summit Oil International Limited, you thereby committed an offence contrary to Section 387 and Punishable under section 390 of the Criminal Code Law, Cap C38 Laws of the Federation of Nigeria, 2004.
Count three: That you Akintoye Akindele male 49 years MD CEO of Duport Medstream Company Limited of D2 Mambilla Close Osborne Estate Ikoyi Lagos and Duport Midstream Company Limited of 42 Alexander Avenue Ikoyi Lagos between October, 2017 and November, 2021 in Lagos within the jurisdiction of this honourable court while acting in concert Stole the sum of $5, 636,397.01 Million USD and N73 543,763.25 property of Summit Oil International Limited, which you received from Shell Western Supply and trading limited under direction to transfer same to Summit Oil International Limited, you thereby committed an offence contrary to Section 385 and punishable under Section 390 of the Criminal Code Law, Cap C38 laws of the Federation of Nigeria 2004
Count four: That you Akintoye Akindele male 49 years MD CEO of Duport Midstream Company Limited of D2 Mambilla Close Osborne Estate Ikoyi Lagos and Duport Midstream Company Limited of 42 Alexander Avenue Ikoyi Lagos between October, 2017 and November, 2021 in Lagos within the jurisdiction of this honourable court while acting in concert Stole, by dishonestly converting to your use the sum of $ 5,636,397.01 million USD SS and N73,543,763.25 property of Summit Oil International Limited, you received from Shell Western supply and trading limited on behalf of Summit Oil International Limited on account of the contract you and your company entered into with Shell Western Trading Limited and you failed to deliver the money to Summit Oil International Limited, you therefore committed an offence contrary to Section 388 and punishable – under Section 300 of the Criminal Code law, Cap C38 laws of the Federation of Nigeria 2004.
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