A Federal High Court in Lagos has issued an order for the issuance of criminal summons to Senator Ifeanyi Ubah and his company, Capital Oil and Gas Limited. The court directed them to appear before it on October 18, 2023, for arraignment.
The Federal Government initiated criminal prosecution against Senator Ifeanyi Ubah in 2019, charging him with eight counts related to his indebtedness to the Asset Management Corporation of Nigeria (AMCON). The government accused Ubah of making false claims regarding the actual values of certain assets he transferred to AMCON under a consent judgment obtained in 2012, which contravenes Section 54(1) of the AMCON Act.
During the recent court session, counsel to AMCON, Babatunde, informed the court that the defendants had been served with the amended charge and hearing notice. He also mentioned that Senator Ifeanyi Ubah had failed to appear in court on the last adjourned date, despite receiving the hearing notice for that day.
Consequently, AMCON’s counsel requested the court to issue a bench warrant against Senator Ubah. However, the defense counsel, Ifeoma Esom, stated that the purpose of the court session was to report on the settlement or plea taking. She explained that the defendants had just been informed of the failed settlement, and it was on the basis of settlement that Senator Ifeanyi Ubah was absent from court.
The prosecutor objected to the idea of settlement being reported in a criminal matter, emphasizing that settlement is not within the purview of a criminal court. He suggested that the best course of action would be a plea bargain. He also noted that settling outside of court does not authorize Senator Ubah to be absent from court proceedings.
The court declined to issue a bench warrant but ordered that the summons be served on Senator Ubah through his counsel, requiring him to appear in court on the next adjourned date. The court also stated that if Senator Ubah fails to appear, a warrant for his arrest may be issued.
The presiding judge adjourned the matter until October 18, 2023, for arraignment.