The Inspector General of Police (IGP) has requested the Federal High Court in Abuja to relocate the trial of Akintoye Akindele, the Managing Director and Chief Executive Officer (MD/CEO) of Duport Midstream Company Limited, to the Lagos division of the Federal High Court.
Akindele and his company are facing a four-count criminal charge for allegedly diverting $5,636,397.01 and N73,543,763.25 belonging to Summit Oil International Ltd between 2017 and 2021. Despite pleading not guilty, Akindele was granted bail in the sum of N750 million and was remanded at the Kuje prison, Abuja, until the bail was confirmed.
The trial judge, Justice James Kolawole Omotosho, declined an oral application to transfer the trial to Lagos, stating that such requests must be supported by affidavit evidence and that the defendants should be served and given the opportunity to respond accordingly.
The police counsel, Mr. Simon Lough, SAN, informed the court that the application dated March 18 seeks to transfer the charge to the Federal High Court in Lagos based on the grounds that the events in question occurred in Lagos and the witnesses are located there.
Lough supported the motion with a 10-paragraph affidavit, citing the case of Belgore versus the Federal Republic of Nigeria as a precedent where the conviction was set aside due to territorial jurisdiction issues.
The defendant’s lawyer informed the judge that the Court of Appeal upheld the judgment of the trial court, which found the defendant guilty of money laundering. However, when the case reached the apex court, the appellant raised the issue of jurisdiction, which was upheld, resulting in the nullification of the conviction.
The lawyer urged the court to grant the application and transfer the case to Lagos, citing that the proof of evidence and witnesses are located there. On the other hand, the defendants’ lead counsel disagreed, stating that the alleged offenses occurred in Benin, not Lagos.
He argued for the dismissal of the application, expressing the defendants’ willingness to have the matter tried in Abuja. The lawyer highlighted the financial implications and the need to start the case anew if it were transferred to Lagos.
Despite the investigation being conducted in Abuja, with the IPOs residing there, the lawyer emphasized that there is no hindrance to the court entertaining the suit. After hearing all parties, Justice Omotosho scheduled a ruling for April 29 and mentioned the possibility of releasing the first defendant if bail is confirmed.
One of the charges states that Akintoye Akindele, a 49-year-old male and the MD/CEO of Duport Midstream Company Limited, along with the company itself, conspired to commit the felony of stealing by converting the sum of $5,636,397.01 Million USD and N73,543,763.25. This offense is contrary to section 516 of the Criminal Code law.
Another charge accuses Akintoye Akindele and Duport Midstream Company Limited of stealing the same amount of money, $5,636,397.01 Million USD and N73,543,763.25, belonging to Summit Oil International Limited. This offense is contrary to Section 387 and punishable under section 390 of the Criminal Code Law.
Lastly, Akintoye Akindele and Duport Midstream Company Limited are accused of stealing the sum of $5,636,397.01 Million USD and N73,543,763.25, which they received from Shell Western Supply and Trading Limited with the instruction to transfer it to Summit Oil International Limited.
