The Federal High Court sitting in Lagos State has issued criminal summons on Senator Ifeanyi Ubah and his company, Capital Oil and Gas Limited in Charge No. FHC/L/383C/2019 pending before Justice Oweibo.
Recall that the Nigerian government commenced criminal prosecution against Ubah in an 8-count charge in 2019 on account of his indebtedness to Asset Management Corporation of Nigeria, which includes conspiracy to make false claims in relation to the actual values of certain assets transferred to AMCON under a consent judgment obtained in 2012, in violation of Section 54(1) of the AMCON Act.
The prosecutor, Mr. Tunde Lawal of the law firm of Kunle Adegoke SAN & Co, notified the Court on the 13th of June, 2023, that the defendants had been served with the amended charge and hearing notice.
He further informed the court that Senator Ifeanyi Ubah was not present at the last adjourned date.
Hence, he sought issuance of bench warrant against him.
The Counsel to the Defendants, Mrs Ifeoma Esom, also told the court that the matter was for report of settlement and that they were just informed on Tuesday that settlement had failed and it was on the basis of settlement that the 1st Defendant was not in court.
The prosecutor objected on the grounds that settlement cannot be reported on this matter because it is a criminal matter, that parties may choose to settle outside of court but cannot make that part of a criminal court's business.
She added that the best that can happen is a plea bargain, and that settlement outside of court does not give the 1st Defendant, Senator Ubah, the authority to be absent from court.
The court subsequently declined to issue a bench warrant but directed that Senator Ifeanyi Ubah be summoned to appear in court on the following date through his counsel.
The court further ordered that if Senator Ubah does not appear in court on the next adjourned date, a warrant for his arrest will be issued.
The court then adjourned the matter to October 18, 2023, for arraignment.