A Lagos Federal High Court, has ordered that a bench warrant be issued against a haulage operator,  Adolphus Irunokah Peter, over his failure to appear before the court, to take plea on charges of conspiracy and unlawful diversion of of Automotive Gasoline Oil (AGO), popularly called diesel, valued at N882.8 million, belonging to Dangote Industries Limited.

Justice Akintayo Aluko, who presided over the court, made the order on Tuesday, after hearing Barrister Elliot Ejie, a Chief Superintendent of Police (CSP) from Police Special Fraud Unit (PSFU), Ikoyi-Lagos, who moved an expert motion for the order.

Justice Aluko also, ordered that the two trucks with the registration numbers, EHR 360 UU and LSD 152 XR, used for the alleged offence, be in the custody of the PSFU till the determination of the charges against the haulage operator, Adolphus Irunokah Peter.

The police through PSFU has dragged the haulage operator, his company, Adokhai Global Resources Nigeria Limited and an accountant with Dangote Industries Limited, Falako Emmanuel, before the court on a four count-charge of conspiracy, unlawful diversion of 1, 729, 396 million litres of AGO, valued at N882, 804.776,12 million and bribery and corruption.

The defendants were charged before the court in a charge marked FHC/L/631c/2023.

However, while the charge was pending, the accountant with Dangote Industries Limited, Falako Emmanuel, had taken his plea and admitted to bail. But the haulage operator and his company have persistence and continually failed to appear before the court to take their plea, despite being served with copy of the charge and other accompanying documents through their lawyers, as ordered by the court 

At the resumed hearing of the charge on Tuesday, while Barrister Ejie, announced his appearance for the prosecution, Barrister Aliens Agbaka, announced his appearance for both the haulage operator and his company, while Barrister Adesoji Adedoyin, announced his appearance for the accountant.

In urging the court for the issuance of the bench warrant against the haulage operator, the prosecutor told the court that he had served the charge on the defendant through his lawyer (Allens Agbaka) in open court, as directed by the court, adding that proof of service is in court’s file.

He therefore urge the court to enquire from the defendant’s lawyer, why his client was not in court to take his plea.

Responding, counsel to the defendant, Agbaka, while conceded that he was served with the charge, told the court that the counsel that has the brief was his neighbour, who also told him that he had a leave filed to appeal service.

He also told the court that he has never see, meet or speak with the defendant on what transpired in court.

In response to Agbaka’s submissions on leave to appeal service, the prosecutor while citing Section 396(2) of the Administration of the Criminal Justice Act (ACJA), 2015, told the court that the any other application can only be heard after the defendant’s plea has been taken 

Consequently, the prosecutor after moving an expert motion for issuance of bench warrant against the defendant, urged the court to invoke section 352(5(1)(a) of ACJA 2015, so as to compel the defendant’s appearance in court.

But counsel to the defendant, vehemently opposed the granting of the Exparte motion, saying that since he has raised the issue of application challenging service, the application for bench warrant is premature.

Ruling on the submissions of counsel, Justice Aluko, after perusing the court’s record and citing plethoras of authorites, agreed with the prosecutor that the charge was served on the defendant through his lawyer (Agbaka), who was in court on April 4, 2024, as directed by the court.

The judge thereafter overruled the submissions of the defendant’s lawyer and urged the prosecutor to move his motion Exparte for the bench warrant against the defendant.

Upon moving the said motion, the judge held that: “granted as pray,  that a bench warrant be issued against the defendant.

After the granting of Exparte motion for the bench warrant, the prosecutor, CSP Ejie, also informed the court that he has an Exparte motion pursuant to section 330(a) of ACJA 2015, for the custody of the trucks used in committing the alleged crimes.

However, the motion was countered by the defendant’s counsel, Agbaka, who informed the court that the motion is an abuse of court, on the ground that same order was sought and granted by Justice M  Kala. 

But the prosecutor, told the court that the order granted by Justice Nichols Oweibo, not Justice Kala, was a ‘preservatory order’, which was obtained for investigation purposes.

He told the court that the new order sought for is for the police to take custody of the two trucks till the determination of the charges against the defendants.

Ruling on the counsel’s submissions, Justice Aluko, after reading through the court records, held that the order sought for is different from the order granted by Justice Oweibo, now sitting in another jurisdiction of the court.

The judge consequently, granted the order sought for by the police. While adjourned the matter to October 9, for the defendant’s arraignment.

Charges Against The defendants read: “that you Adokhai Global Resources Nigeria Limited, Adolphus Irunokah Peter and others now at large, sometimes between September 2022 and May 2023, did conspired among yourselves to commit felony to wit: fraudulent converted a total of 1, 729, 396 litres of Automotive Gasoline Oil (AGO), valued at eight hundred and eighty-two million, eight hundred and four thousand, seven and seventy-six naira, (N882, 804.776,12 million) property of DANGOTE Industries Limited, and thereby committed an offence Contrary to section 21(a) of the Money Laundering (Prevention and Prohibition) Act 2022, and punishable under section 18(3) of the same Act.

“That you Adokhai Global Resources Nigeria Limited, Adolphus Irunokah Peter and others now sometimes between September 2022 and May 2023, within the jurisdiction of the Federal High Court, with intent to steal, did fraudulently converted total of 1, 729, 336 litres of Automotive Gasoline Oil (AGO) value at eight hundred and eighty-two million, eight hundred and four thousand, seven and seventy-six naira, (N882, 804. 776,12 million) property of Dangote Industries Limited, undelivered in the course of hauling a total of 7,505,089 litres of the AGO, to the company plant at Obajana, Kogi State, and Ibese in Ogun State, thereby committed an offence section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act 2022, and punishable under section 18(3) of the same Act.

“That you, Adolphus Irunokah Peter sometimes between September 2022 and May 2023, within the jurisdiction of the Federal High Court, with intent to bribe and corrupt, did make bank monetary transfer of the sum of Three million, six hundred thousand naira only, (N3, 600, 000 million) at various times, into the private Access Bank account numbers 0003757075 and 0027824937 of Falako Emmanuel, an Accountant employee of the Dangote Industries Limited, to influence him to perform unlawful act in his employment, and thereby committed an offence to section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act 2022, and punishable under section 18(3) of the same Act.

“That you, Falako Emmanuel, sometimes between September 2022 and May 2023, within the jurisdiction of the Federal High Court, with intent to receive bribe, did received Bank transfer of a total sum of Three million, six hundred thousand naira only, (N3, 600, 000 million) from Adolphus Irunokah Peter, into the private Access Bank account numbers: 0003757075 and 0027824937, with the names Falako Emmanuel, while in the employment as an Accountant employee of the Dangote Industries Limited, to influence you to carry out unlawful act in your employment, and thereby committed an offence to section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act 2022, and punishable under section 18(3) of the same Act.”