Alleged N32bn fraud: Court adjourns case against lawyer over jurisdiction dispute

Justice Lewis Allagoa of a Federal High Court, Ikoyi, Lagos has adjourned until June 19 the hearing of a motion in a N32 billion fraud case filed against a lawyer Victor Ukutt, and a co-defendant, Whoba Ogo, who is reportedly at large.

The judge arrived at the date sequel to a request by defence counsel, Femi Falana (SAN) to file additional legal authorities to support a preliminary objection challenging the court’s jurisdiction.

The Federal Government (FG), through the office of the Attorney General of the Federation, had filed an eight-count charge against the defendants marked FHC/L/138C/2025.

The charges include conspiracy, fraudulent conversion, obtaining money by false pretences, forgery, and money laundering.

According to the prosecution, the defendants conspired between 2011 and 2023 to fraudulently convert about N32 billion from the account of Woobs Resources Limited.

The funds were allegedly obtained through theft and deception, in contravention of the Money Laundering (Prohibition) Act, 2011 (as amended).

At Thursday’s proceedings, prosecution counsel, Mrs Chelsey Emezina expressed readiness to move a motion compelling the defendants to enter the dock and take their pleas.

However, Falana insisted that the defence’s preliminary objection, which questions the court’s jurisdiction, must be heard first, as it touches on the fundamental validity of the entire trial.

He argued that the court should address jurisdictional issues before compelling the defendants to take their pleas.

But Justice Allagoa noted that based on prevailing legal authorities, it was preferable to hear the prosecution’s motion first.

In a counter-move, Falana urged the court to consolidate both motions and hear them together to ensure fairness.

The court declined, cautioning that such consolidation could be problematic if it results in a ruling that favours one party while the other has yet to argue its motion.

Consequently, the court granted Falana’s request for more time and adjourned the matter to June 19.

The defence, in its preliminary objection, cited Section 305(1)(a) of the Administration of Criminal Justice Act, 2015, and Sections 6(a), (b), and 295 of the Constitution, arguing that the charges were an abuse of court process and should be dismissed.

They also sought a stay of proceedings pending the resolution of a share ownership dispute over Woobs Resources Limited, currently before the Court of Appeal.

The defence claimed that the criminal allegations arose from a civil joint venture dispute between one of the defendants and a nominal complainant, Mr James Onyemenam.