Justice Lewis Allagoa of the Federal High Court in Ikoyi, Lagos, has adjourned the hearing of a motion in the N32 billion fraud case against lawyer Victor Ukutt and a co-defendant, Whoba Ogo (reportedly at large), to June 19.
The adjournment followed a request by defence counsel, Femi Falana, SAN, who sought time to file additional legal authorities in support of a preliminary objection challenging the court’s jurisdiction to hear the matter.
The Federal Government, through the Office of the Attorney General of the Federation, filed an eight-count charge marked FHC/L/138C/2025, accusing the defendants of conspiracy, fraudulent conversion, obtaining by false pretences, forgery, and money laundering.
According to the prosecution, the defendants conspired between 2011 and 2023 to fraudulently divert approximately N32 billion from the account of Woobs Resources Limited.
The funds were allegedly acquired through deceit and theft, in breach of the Money Laundering (Prohibition) Act, 2011 (as amended).
During Thursday’s proceedings, prosecuting counsel, Mrs Chelsey Emezina, expressed readiness to move a motion to compel the defendants to enter the dock and take their pleas.
But Falana objected, insisting that the court must first resolve the defence’s preliminary objection, which he described as foundational to the legitimacy of the entire trial.
He urged the court to prioritise the defence’s jurisdictional challenge, or at the very least, consolidate both motions for a joint hearing.
Justice Allagoa, however, maintained that legal precedence favoured hearing the prosecution’s motion first.
He declined Falana’s consolidation proposal, warning that doing so could compromise procedural fairness if a ruling is delivered before all parties have argued their motions.
Granting the request for time, the court adjourned the case to June 19.
In the preliminary objection, the defence cited Section 305(1)(a) of the Administration of Criminal Justice Act, 2015, and Sections 6 and 295 of the Constitution.
They argued that the case constitutes an abuse of court process and sought a stay of proceedings pending the resolution of a share ownership dispute over Woobs Resources Ltd, which is currently before the Court of Appeal.
The defence maintained that the criminal charges stem from a civil joint venture disagreement involving Mr James Onyemenam, the nominal complainant.
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