Justice Joyce Abdulmalik gave the order following the absence of the defendants in court to take their plea in the alleged N37.6 million fraud preferred against them by the police.

The News Agency of Nigeria (NAN) reports that the I-G had, in the charge marked: FHC/ABJ/CR/504/2024, sued Tincan Island Container Terminal Ltd, Mr Rocher, Mr Kapur, and Maryam Olapade as 1st to 4th defendants respectively.

Also joined in the six-count charge are Mr Adigun Rasheed Akinkunmi and Mr Raphael Ugbe as 5th and 6th defendants.

NAN observes that while Mr Rocher, a France national, is the Managing Director and Chief Executive Officer (CEO) of Tincan Island Container Terminal Ltd; Mr Kapur, an Indian, is the Manager.

In the charge filed Oct. 29, Tincan Island Container Terminal Ltd, Rocher, Kapur, Olopade, Akinkunmi and Ugbe were alleged to have between April 1, 2021 and Aug. 28, 2023, at the Nigerian Ports Authority, Tin-Can Island, Lagos State by false pretence defrauded Chief Ifeanyi Ezenwabachili of the sum of N37.6 million (N37,663,323.83).

The offence is contrary to Section 1(1)(b) and punishable under Section 1(3) of the Advance Fee Fraud and other Related Offences Act, Cap A6, Law of the Federation of Nigeria, 2010.

In another count, they were alleged to have stolen over N37 million, property of Chief Ezenwabachili between April 1, 2021 and Aug. 28, 2023, at the Nigerian Ports Authority.

The offence is contrary to and punishable under Section 390(9) of the Criminal Code, Cap C23, Law of the Federation of Nigeria, 2010.

Besides, they are also being charged for money laundering offence punishable under Section 21 of the Money Laundering (Prevention and Prohibition) Act, Law of the Federation of Nigeria, 2022, among others.

When the matter was called on Thursday, I-G’s lawyer, Joseph Udo, informed the court that the matter was slated for the arraignment of the defendants.

Udo said, though the 2nd to 6th defendants were admitted to administrative bail, he wondered why they were not in court, having been served with the charge.
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“We filed this charge on 27th day of September, 2024. And as at the last date when this matter came up, on 19th day of November, 2024, we were yet to serve them.

“But on 21st November, we were able to serve them.

“My expectation is that, having been served on 21st November, the defendants will be in court,” he said.

But Dr Ifeanyi Nwosu, counsel for the nominal complainant, Ezenwabachili, was in the court to watch the brief.

Justice Abdulmalik, however, told Udo that since the police admitted the defendants to administrative bail, it was their duty to produce them in court.

She threatened that if police failed to do the needful, the charge would be struck out for want of diligent prosecution.

“I, hereby, order the prosecution to produce the defendants in the next date,” the judge ruled.

She subsequently adjourned the matter until Feb. 5, 2025 for arraignment.(NAN)