threatens to issue bench warrant
By Ikechukwu Nnochiri
ABUJA – A High Court of the Federal Capital Territory (FCT) on Monday fixed November 23 for the arraignment of a former President of the Nigerian National Petroleum Company Limited (NNPCL) Staff Multi-Purpose Cooperative Society, Abuja, Mr. Olalekan Ogunbayo, over his alleged complicity in a ₦582 million fraud.
The court, presided over by Justice Lesley Wike, further threatened to issue a bench warrant against the defendant should he fail to appear before it to enter his plea to an eight-count charge preferred against him by the Economic and Financial Crimes Commission (EFCC).
After the case was called, the anti-graft agency drew the court’s attention to the absence of the defendant, who was billed for arraignment.
According to the prosecution, the development marked the third time the defendant had stayed away from court despite being aware of the case.
EFCC’s lawyer, R. U. Adagba, who informed the court that only the 2nd defendant in the matter, Abolade Nurudeen, was available for the proceedings, alleged that Ogunbayo had jumped the administrative bail granted him by the Commission.
He told the court that all efforts to locate the 1st defendant for service of the charge on him had been unsuccessful.
Consequently, he applied for a bench warrant to be issued to enable security agencies to arrest and produce the defendant in court for trial.
The prosecution counsel premised his application for the bench warrant on the provisions of Sections 35, 113 and 114 of the Administration of Criminal Justice Act (ACJA) 2015.
However, Mr. Innocent Adoo, who announced his appearance for the defendants, opposed the application.
He accused the EFCC of failing to properly serve a copy of the charge on the defendant.
The defence counsel argued that arraignment in a criminal trial cannot proceed without proper service of the charge on the defendant.
He submitted that a defendant must be informed of the allegations against him and given adequate opportunity to prepare his defence, adding that service could not be waived by any party.
Adoo told the court that Ogunbayo was still on administrative bail and was unaware of the scheduled arraignment.
He explained that the defence had used the information available to it to communicate with Ogunbayo, who was said to be in Warri, Delta State, and unable to secure a flight to Abuja for the sitting.
He therefore prayed the court for an adjournment to enable both defendants to appear and take their pleas in the interest of justice.
In his ruling, Justice Wike held that, in the interest of justice, the matter should be adjourned to enable the first defendant to appear for arraignment.
The judge, however, warned that the court would take the necessary steps if Ogunbayo failed to appear on the next adjourned date.
The charges against the defendants border on alleged criminal misappropriation, abuse of office, corrupt practices and obtaining money by false pretence.
The defendants were accused of involvement in the sale of the cooperative society’s property at Plot 50, Karsana North, Abuja.
The prosecution alleged that the defendants conspired in January 2024 to misappropriate proceeds from the transaction.
In one of the counts, the defendants were accused of dishonestly misappropriating ₦582 million realised from the sale of the property.
Ogunbayo was also accused of receiving ₦100 million, ₦10 million and ₦50 million through different bank accounts in connection with the transaction.
The prosecution further alleged that the 1st defendant received ₦180 million into an account belonging to his firm after representing that the property had been sold for ₦1 billion.
Both defendants were also accused of involvement in an alleged ₦160 million corrupt transaction.
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