Justice James Kolawole Omotosho of the Federal High Court, Abuja, on Thursday ordered that the trial of oil magnate, Akintoye Akindele in an alleged $5.6M fraud be moved from Abuja to the Lagos division of the court.
The transfer of the trial of the Managing Director and Chief Executive Officer, MD/CEO, of Duport Midstream Company Limited, Akindele to Lagos is at the instance of the Inspector General of Police, IGP, Kayode Olaolu Egbetokun.
Justice Omotosho issued the order while delivering a ruling in the application by the IIGP seeking the transfer of the case on the grounds that the Lagos division is the proper place for the trial.
Akindele and his company are standing trial on a four-count criminal charge bordering on alleged diversion 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 pleaded not guilty to the charge, Akindele was granted bail in the sum of N750 million.
However, as the trial was about to commence in March, prosecution lawyer, Mr Simon Lough, SAN, brought an application for transfer of the case to the Lagos division of the Federal High Court, 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 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.
Delivering a ruling on Thursday, Justice Omotosho who agreed with the prosecution that the best place for the trial is the Lagos division of the Federal High Court, pointed out that the court does not, “intend to labour in vain” or waste precious judicial time hearing the matter.
According to him while the proof of evidence is located in Lagos, the prosecution witnesses except two police investigators are based in Lagos.
He said taking the case to Lagos would enhance administrative efficiency as well as accessibility to witnesses.
“Justice will be done if the case is transferred to Lagos”, Omotosho said and subsequently made an order transferring the case to the Federal High Court in Ikoyi, Lagos for trial.
Meanwhile, Justice Omotosho ordered that the defendant continue to enjoy his bail pending the commencement of trial at the Lagos division.
In count one of the charges, Akindele was said to have between October 2017 and November 2021 in Lagos State, while acting in concert, conspired together to commit a felony to wit: Stealing by conversion of the sum of USD 5,636,397.01 million and N73,543,763.25.
The alleged offence is said to be 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 million 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 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 the sum of $5, 636,397.01 Millon 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 USD 5,636,397.01 million 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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