Funke Olaode
An Ikeja Particular Offences Courtroom has dominated {that a} former worker of Punch Newspapers Ltd., Olusegun Ogunbanjo and others, charged with N950 million fraud be produced for arraignment.
Different defendants within the swimsuit marked ID/21559C/2023 are Olawunmi Ogunbanjo, Vaneloo Worldwide Ltd., Valeco International Ventures, Bagco Garba, Taofeek Ogunbanjo, Ifeanyi Odogwu, Sure Media Ltd., and Godwin Benson.
Justice Ismail Ijelu in his ruling stated the courtroom had completely examined the data and proof of proof within the case and fashioned the view that its jurisdiction to entertain the case was completely intact.
Ijelu stated the applicant/defendant’s objection was unmeritorious as he failed to ascertain that the prosecution within the case engaged in improper use of judicial course of to intrude with the environment friendly and efficient administration of justice.
In response to him, the courtroom has been empowered to make restraining order equivalent to interim order which has an impact of freezing the property, thereby stopping the suspect from coping with proceeds of crime by him or a 3rd celebration on his behalf, pending the dedication of the case.
The decide stated an abuse in felony circumstances would consequence if after submitting the identical cost in numerous courts, the prosecution started trials in all of them concurrently, with out discontinuing one or the opposite.
He stated it was so as a result of the lawyer normal had the discretion as to which courtroom a defendant was to be prosecuted.
“The truth that he chooses to file info on the excessive courtroom when a matter is pending at a Justice of the Peace’s Courtroom, doesn’t quantity to abuse of courtroom course of, because the cost on the Justice of the Peace courtroom has been technically discontinued upon submitting info on the excessive courtroom, on related information in opposition to the defendant.
“The truth that the defendant/applicant filed a elementary proper motion on the federal excessive courtroom doesn’t imply {that a} felony motion can’t be proceeded.
“The truth is, it may possibly proceed concurrently and elementary rights motion can’t used to protect an individual in opposition to felony prosecution.
“The applicant’s floor that no proof of proof or listening to discover was served on him is of no second because the courtroom has the ability to grant interim forfeiture ex-parte even within the absence of the cost,” he stated.
The decide additional stated that publication was made to the member of the general public together with the primary defendant which was finished inside 14 days, however that the primary defendant didn’t obey the order.
“There may be nothing earlier than the courtroom to indicate compliance by the defendant. Fairly to adjust to the order of the courtroom, he selected to problem the jurisdiction of the courtroom.
“This courtroom has completely examined the data and proof of proof on this case and fashioned the view that its jurisdiction to entertain this case is totally intact.
“The objection of the primary defendant is hereby overruled and he and different defendants shall be produced in courtroom to take their plea,” he stated.
Counsel to the primary defendant/applicant, Mr Charles Jiakponna, had challenged the jurisdiction of the courtroom to listen to the case.
The Lagos State Director of Public Prosecutions (DPP), Dr Babajide Martins, in his 11-paragraph counter-affidavit had prayed the courtroom to dismiss the preliminary objection. He stated that the objection lacked benefit.
Ogunbanjo had been arraigned earlier than a Sabo-Yaba Chief Magistrates’ Courtroom on March 10, 2023, for the alleged N950 million fraud.
Justice of the Peace Adeola Olatubosun had granted him bail within the sum of N10 million with two sureties in like sum, following his “not responsible” plea to the three-count cost of acquiring by false pretences, forgery and stealing.
