N950 Million Fraud: Court Orders Arraignment of Former Punch Newspaper Staff

An Ikeja Special Offences Court has ordered that a former Punch Newspaper Ltd. staff, Olusegun Ogunbanjo and others, charged with N950 million fraud be produced for arraignment.

The other defendants in the suit include Olawunmi Ogunbanjo, Vaneloo International Ltd., Valeco Global Ventures, Bagco Garba, Taofeek Ogunbanjo, Ifeanyi Odogwu, Bound Media Ltd., and Godwin Benson.

Justice Ismail Ijelu ruled that the court had jurisdiction to entertain the case after thoroughly examining the information and proof of evidence in the case.

Ijelu held that the applicant/ defendant’s objection failed to establish that the prosecution abused the judicial process and interfered with the efficient and effective administration of justice.

The judge held that the court can grant a restraining order that can freeze the property and prevent the suspect from dealing with proceeds of crime by him or a third party on his behalf, until when the case is determined.

Ijelu addressed the grounds of Ogunbanjo’s contention of the suit, including that the prosecution had filed a charge against him at the Magistrate Court three and one at Yaba and that before the case was brought before the (Special Offences) court, information was filed against him before Justice Modupe Nicole-Clay.

He held that the respondent stated that the criminal charge against the first defendant/applicant, Ogunbanjo, at the Magistrate Court had since been discontinued and that he did not dispute the fact.

Ijelu said, “The defendant/applicant’s contention seemed to be that the fact that charges were filed at different times in different courts constitute an abuse of court process.

“This might be so in civil matters. However, this contention failed to have regard to the fact that trials are yet to start in these cases,” the judge continued.

Ijelu held that abuse in criminal cases occurs only after the prosecution begins trials simultaneously in all the cases, without discontinuing one or the other, after filing the same charge in different courts.

He said the Lagos State Attorney General had the discretion as to which court a defendant was to be prosecuted.

The judge held that it is not an abuse of the court process should the Attorney General choose to file information at the High Court when a matter is pending at a Magistrate Court given that the charge at the magistrate court has been technically discontinued upon the filing of information at the High Court on similar facts against the defendant.

Ijelu said Ogunbanjo’s ground that no proof of evidence or hearing notice was served on him is of no moment as the court has the power to grant interim forfeiture ex-parte even in the absence of the charge.

He said that the first defendant did not comply with a publication which was done within 14 days and was made available to the public, including to him.

Ijelu, therefore, overruled Ogunbanjo’s objection and ordered that he and other defendants shall be produced in court to take their plea.

The counsel adopted their written addresses on January 30.

The counsel to the first defendant/ applicant, Charles Jiakponna, had challenged the jurisdiction of the court to hear the case.

Whereas the Lagos State Director of Public Prosecutions (DPP), Dr Babajide Martins, in an 11-paragraph counter-affidavit prayed the court to dismiss the preliminary objection for lacking merit.

Ogunbanjo had been arraigned before a Sabo-Yaba Chief Magistrate’s Court on March 10, 2023, for alleged N950 million fraud.

Magistrate Adeola Olatubosun had granted him bail in the sum of N10 million with two sureties in like sum, following his not guilty plea to the three-count charge of obtaining by false pretences, forgery and stealing.