Admin I Wednesday, Jan. 31, 2024
LAGOS, Nigeria – Justice Ismail Ijelu of Ikeja High Court has fixed Feb. 16, 2024 to rule on jurisdiction in alleged N950 million fraud case against a former staff of punch newspaper Olusegun Ogunbanjo.
Other defendants in the suit number ID/21559C/2023 were Olawunmi Ogunbanjo, Vaneloo International Ltd, Valeco Global Ventures, Bagco Garba, Taofeek Ogunbanjo, Ifeanyi Odogwu, Bound Media Ltd and Godwin Benson.
Ijelu adjourned the case after the Director of Public Prosecution (DPP) Dr Babajide Martins and the counsel to the first defendant, Mr C.J. Jiakponna adopted their written addresses.
Jiakponna is challenging the jurisdiction of the court to hear the alleged fraud case in his 17 paragraph affidavit.
While moving the application dated Nov.16, 2023, he urged the court to strike out the case.
According to him, the court lacked the jurisdiction to hear the case and that the case was already ongoing in Sabo-Yaba Chief Magistrate Court.
“Our application is a preliminary objection before this court that it lacks the jurisdiction to hear case.
“We urge the court to strike out tue case,” he said.
Martins, who represented the complainant, in his 11 paragraph counter affidavit dated Dec.11, 2023, prayed the court to dismiss the preliminary objection.
He said the objection lacked merit.
According to him, a case filed at high court supersede the case in the magistrate court.
He said: “As soon as we realise the severity of the charge, the DPP under the directive of the Attorney-General ordered that the case be filed at the high court,
“If a case is ongoing at the magistrate and the prosecution changes its mind and want it heard at high court, the law allows that.
“Once the high court matter has been filed, that supersedes the magistrate’s own and there are authorities cited to that effect.”
The director of DPP also argued that there was no need to notify defence of an interim order.
According to him, an interim order was in term with the law.
“If at the end of the day, the defendant is found not guilty, the properties will be returned to him.
“We have passed the stage where citizens will go to court to prevent prosecuting authorities from carrying out their duties.
“I hereby urge the court to dismiss the preliminary objection as lacking merit,” Martins said.
Ogunbanjo had been arraigned before a Sabo-Yaba Chief Magistrate Court on March 10, 2023 on the alleged N950 million fraud.
Magistrate Adeola Olatubosun had granted him N10 million bail with two sureties in like sum, following his not guilty plea to the three count charge of
obtaining by false pretences, forgery and stealing.
Ogunbanjo had been alleged to have obtained N450m from one Mr Olusola lkuyajesin and N500m from one Mr Durodola Balogun under false pretences of using the money to buy stationeries.
It was also alleged that he forged an organisation’s Local Purchase Orders to carry out the acts, in contravention of Sections 287, 314 and 365 of the Criminal Law of Lagos
