Justice Lewis Allagoa of the Federal High Court in Ikoyi, Lagos, has fixed July 1, 2025, to rule on which application will be heard first in the ongoing ₦32 billion fraud case involving Lagos-based legal practitioner, Victor Ukutt, and a co-defendant, Whoba Ogo, who is reportedly at large.
The Federal Government, through the Director of Public Prosecution (DPP), had filed an eight-count charge (Suit No. FHC/L/138C/2025) against the defendants, accusing them of conspiracy, obtaining by false pretences, forgery, fraudulent conversion, and money laundering.
The alleged offences were said to have been committed between 2011 and 2023. According to the prosecution, the defendants conspired to fraudulently divert approximately ₦32 billion from the corporate account of Woobs Resources Limited.
At Thursday’s proceedings, the court heard arguments from Mr Femi Falana (SAN), representing the defence, and Mrs Chelsey Emezina, prosecuting on behalf of the Federal Government.
Emezina informed the court of a Motion on Notice dated May 12, 2025, seeking an order to compel the defendants to enter the dock and take their pleas.
The motion was supported by an affidavit sworn by David Emiri, a police officer attached to the DPP’s office.
However, the defence filed a counter-affidavit dated May 28, 2025, challenging the motion’s competence because it was not signed by a qualified legal practitioner, rendering it defective. They urged the court to strike it out.
Falana further argued that the question of jurisdiction must be addressed before any other issue. He stressed that the court is constitutionally bound to rule on jurisdiction once it has been raised.
The defendants had previously filed preliminary objections under Section 305(1)(a) of the Administration of Criminal Justice Act (ACJA), 2015, and Sections 6 and 295 of the 1999 Constitution, seeking to dismiss the charges for lack of jurisdiction and abuse of court process.
They also requested a stay of proceedings, citing a pending share ownership dispute over Woobs Resources Limited currently before the Court of Appeal.
Justice Allagoa adjourned the matter until July 1 to decide which application, the prosecution’s motion for arraignment or the defence’s jurisdictional challenge, will be heard first.
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