Justice Ismail Ijelu of a Lagos Special Offences Court, Ikeja, yesterday, ordered the appearance of a former staff of Punch Newspapers Limited, Olusegun Ogunbanjo, and others for arraignment in an alleged N950 million fraud suit.

The judge ordered that the defendants be produced to take their plea while ruling on their application challenging the jurisdiction of the court in the suit filed against them by the Lagos State Government.

Besides Ogunbanjo, other defendants in the suit, marked ID/21559C/2023, are: Olawunmi Ogunbanjo, Vaneloo International Limited, Valeco Global Ventures, Bagco Garba, Taofeek Ogunbanjo, Ifeanyi Odogwu, Bound Media Limited and Godwin Benson.

Justice Ijelu said he had thoroughly examined the information and proof of evidence in the case, and held the view that the court has the jurisdiction to hear the matter.

The court held that the defendant’s objection was unmeritorious as he failed to establish that the prosecution engaged in improper use of judicial process.

The court held that it “has been empowered to make restraining orders, such as an interim order, which has the effect of freezing property, thereby preventing a suspect from dealing with proceeds of crime by him or a third party on his behalf, pending the determination of the case.

“The defendant/applicant stated that the prosecution filed a charge against him at Magistrate Court Three and One in Yaba, and that there was an information before Justice Nicole-Clay, filed before the case was brought before this court.

“In responding to this fact, the respondent stated that the criminal charge against the first defendant/applicant at the Magistrate Court had since been discontinued, and this was not disputed by the first defendant/applicant.”

The court further held that the defendant/applicant’s contention seemed to be that charges were filed at different times in different courts and thus constitute an abuse of court process.

“This might be so in civilmatters, however, this contention failed to have regard to the fact that trials are yet to start in these cases.”

Justice Ijelu said an abuse in criminal cases would result, if after filing the same charge in different courts, the prosecution began trials in all of them simultaneously, without discontinuing one or the other.

According to the judge, it is so because the Attorney General has the discretion as to which court a defendant is to be prosecuted.

The court held: “The fact that he chooses to file information at the High Court, when a matter is pending at the magistrate court, does not amount to abuse of court process, as the charge at the magistrate court has been technically discontinued upon filing information at the High Court on similar facts against the defendant.

“The fact that the defendant/applicant filed a fundamental rights action at the Federal High Court does not mean that a criminal action cannot proceed. In fact, it can proceed simultaneously and a fundamental rights action cannot be used to shield a person against criminal prosecution.

“The applicant’s ground that no proof of evidence or hearing notice was served on him is of no moment as the court has the power to grant interim forfeiture ex-parte, even in the absence of the charge.

“There is nothing before the court to show compliance by the defendant. Rather, to comply with the order of the court, he chose to challenge the jurisdiction of the court. This court has thoroughly examined the information and proof of evidence in this case and formed the view that its jurisdiction to entertain this case is absolutely intact.

“The objection of the first defendant is hereby overruled. And he and other defendants shall be produced in court to take their plea.”

Recall that counsel in the suit had, on January 30, 2024, adopted their written addresses.

Counsel to the first defendant/applicant, Charles Jiakponna, had challenged the jurisdiction of the court to hear the case, while the Lagos State Director of Public Prosecutions (DPP), Babajide Martins, in his 11-paragraph counter-affidavit, prayed the court to dismiss the preliminary objection for lacking merit.

Ogunbanjo was first arraigned before a Sabo-Yaba Chief Magistrate’s Court on March 10, 2023 over an alleged N950 million fraud.

Magistrate Adeola Olatubosun granted him bail in the sum of N10 million with two sureties in like sum, following his not guilty plea to the three-count charge of obtaining by false pretences, forgery, and stealing.