Justice Akintayo Aluko of a Federal High Court, on Thursday, reissued his earlier order mandating a lawyer, Charles Adeyoriju, to produce his Chinese client, Mr. Su Donghai, in court for prosecution on alleged N1.2 billion fraud.
The Chinese, Mr. Su Donghai, is to face trial on alleged fraud alongside two Nigerians, Stanley Tochukwu Okafor, 41; Ogunade Oladele Oluwaseun, 40.
The trio were charged before that court alongside two firms, WNW Energy Technical Development Limited and HAOTI International Limited, the operatives of the Force Criminal Investigation Department ForceCID Annex Alagbon-Ikoyi Lagos, in a charge numbered FHC/L/695c/2024.
All the defendants are to face 11 counts charge of conspiracy, forgery, obtaining by false pretence and fraud.
It would be recalled that Justice Aluko had on January 24, 2025, ordered the Chinese lawyer, Adeyoriju, to produce his client in court at the next adjourned date.
At the resumed hearing of the charge today, while Barrister S. A. Ogala announced his appearance for the prosecution, neither the Chinese man or his lawyer were in court.
But the trio of Barrister Ayi Ekpenyong, Kayode Lawal and Aromolaran announced their appearance for the first, second, fourth and fifth defendants. While Barrister Joseph Okoh appeared for the nominal complianant.
Aromolaran also told the court that he is holding the brief of the Chinese’ lawyer, Adeyoriju.
On the business of the day, the prosecutor, Ogala informed the court that the last sitting of the matter, the Chinese lawyer, Adeyoriju, was ordered to produce the 3rd defendant, who is not in court today.
He stated that, the counsel is not in court, and he did not think there’s a message to that.
He therefore urged the court to invoke sections 113 and 114 of Administration of Criminal Justice Act (ACJA) 2015, for issuance of summons against the 3rd deft, who has been evading the prosection of this case, haven being served with the charge.
He also prayed for the leave, should in case court invoked sections 113 and 113 of ACJA, 2015, to order that the summon be published in any of the national dailies and his last known address.
However, Aromolaran, counsel to 4th and 5th defendants, while citing Supreme Court authority, strongly opposed the prosecutor’s application, saying that “it is not only that it’s premature, the prosecutor has no right for the application at this moment”.
Hee prayed the for the dismissal of the oral application, or to order parties to file proper applications before the court.
Responding, the prosecutor told the court that Aromolaran did not his position, as he only pray the court to compel the 3rd defendant to appear before the court.
In the same vein, counsel to the first defendant, Ekpenyong and counsel to second defendant, Lawal, aligned themselves with Aromolaran’s submissions, and urged the court to dismiss prosecutor’s application.
Specifically, Ekpenyong drew the court’s attention to its record, that a counsel for AGF office had informed the court that AGF is taking over the case. Adding that the AGF’s counsel also informed the court that AG is reviewing the case file.
He therefore urged the court to strip the police prosecutor from continuing prosecuting the case.
He said that there cannot be twoprosecution agency prosecuting the case. Based on that he pray that the court refused the application and wait for AGF’s opinion on the matter.
Ogala in his response to Ekpenyong’s submission, told ‘It’s true that at the last hearing of the matter, a counsel from AG did informed the court that AGF got a petition to take over the matter. Adding that as at now, the original case file file is still with the police, and that the police only received letter from AGF handling offer process hasn’t been effected.
Delivering ruling of the submissions of parties, Justice Aluko refused the prosecutor’s application for issuance of summon or bench warrant against the alleged fleeing Chinese. While ordered the AGF’s office to prepare to take over the matter.
The judge however reissued his earlier order, directing the Chinese lawyer, Adeyoriju, to produce his client in court at the next sitting.
He consequently adjourned further hearing of the charge to July 23.
All the defendants and others at large, conspired among themselves to commit the alleged acts between January, 2020 and April, 2024.
They were also alleged to have fraudulently obtained the sum of N1 billion belonging to Cnots Energy Services Limited, represented by Femi Folayan.
To commit the alleged fraud, all the defendants were alleged to have forged 89 invoices, with the intention to fraudulently defraud CNOTS Energy Services Energy Limited.
The first defendant, Stanley Tochukwu Okafor, was accused of falsely depose to an affidavit on Oath on February 13, 2024 at the Lagos State High Court Registry, Lagos, wherein he attached 29 invoice receipts of WNW Energy Technical Development Company Limited.
He was also alleged to have on February 20, 2020 at Lagos, Nigeria, falsely present himself as the Managing Director of CNOTS Energy Technical Development.
While the second defendant, Ogunade Oladele Oluwaseun, was alleged to have between year 2021 and 2023 at Lagos Nigeria, while acting as CNOTS Energy Services Nigeria Limited’s Chief Financial Officer, deliberately manipulated CNOTS accounting records and inserted fictitious figures in CNOTS accounting record without any corresponding piece of invoices to validate such entries.
The Chinese man, Su Donghai, was also alleged to have between January, 2020 and April, 2024 transferred into a bank account number 2065454879 UBA Plc and retained the sum of N1 billion, belonging to CNOTS Energy Services Limited.
The defendants’ alleged offences, according to the prosecution, contravened sections 8; 1(3) and 7(2)(b) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
The defendants’ acts also contrary to and punishable under sections 20(b) of the Money Laundering (Prevention and Prohibition) Act, 2022 Act No. 14. And sections 1(1}(c) of the Miscellaneous Offences Act, CAP. M17 LFN 2004.
