Law News
Court dismisses bid to stop N630m ‘fraud’ trial

A Lagos State High Court in Igbosere yesterday dismissed an application by two Benineses, challenging the court’s jurisdiction to hear a N630million fraud charge against them by the Economic and Financial Crimes Commission (EFCC).

Justice Oluwatoyin Taiwo found no merit in the prayers of Gnanhoe Sourou Nazaire and Senou Modeste Finagnon, filed through their lawyer, Rickey Tarfa (SAN).

The defendants are standing trial for allegedly defrauding Rachidatou Abdou and her company, Rana Prestige Manufacturers Industries Nigeria Limited of N630 million.

At their arraignment on February 17, they denied the seven counts of forgery, stealing and conversion of funds and applied that that the charge be quashed on the grounds that the court lacks jurisdiction to hear the matter.

The defendants also alleged, among others, that the charge was incompetent and that the EFCC was prosecuting them without any valid petition.

But, dismissing the application, Justice Taiwo upheld the contention of prosecuting counsel Rotimi Oyedepo that the Commission received a valid petition from the complainant alleging conspiracy and stealing against the defendants.

It held that Lagos High Court has jurisdiction to hear the matter and that the charge did not fall under the Companies and Allied Matters Act.

“I believe the High Court is endowed with jurisdiction to enter the matter,” the court held.

It added:  “The stealing of company funds falls within the jurisdiction of the EFCC.

“The combined effect of Sections 6(b) and 46 of the EFCC Act gives it power to entertain the petition written against the defendants.”

On if the charge is an abuse of court process, the court held: “The fact that the defendants have been arraigned before a sister court does not make the present case abuse of court process.

“However, it would have been better and tidier for the two cases to be before a single judge instead of lawyers shuttling from one court to another.”

The matter has been adjourned till June 27 for trial.

Oyedepo filed an 11-paragraph counter affidavit, asking the court to assume jurisdiction and hear the matter.

One of the counts  reads: “You Gnanhoue Sourou Nazaire and Senou Modeste Finagnon between January 5 and December 31, 2012 in Lagos within the jurisdiction of this honourable court, with a dishonest intent converted to your own use the sum of N141,460,915 property of Rana Prestige Manufacturers Industries Nigeria Limited and thereby committed an offence contrary to Section 285(1) of the Criminal Code Law of Lagos State.”