Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, has fixed a ruling on an application challenging the court's jurisdiction over the alleged theft and dishonest conversion charge against Ufoma Immanuel, Managing Director and Chief Executive Officer of Chappal Energies. The judge made this decision after counsel to the police, Mohammed Usman, and the defence lawyer, Tade Oshodi, disagreed on when the challenge should be heard.
The Police Special Fraud Unit filed a charge against Immanuel, accusing him of conspiring with unnamed persons to steal a Lexus Jeep LA 600F belonging to Chappal Energies Offshore Ltd. The police valued the vehicle at about N600 million. Immanuel has denied the allegations. The case has sparked a dispute over the court's jurisdiction, with Immanuel's lawyers arguing that the charge is an abuse of the criminal justice process.
Immanuel's lawyers, led by Oluseun Awonuga, described the charge as an abuse of the criminal justice process, alleging that it was initiated by hostile interests within Chappal Energies to gain an advantage in an ongoing dispute over the control and management of the company and its assets. They urged the court to dismiss the charge, arguing that the allegations did not disclose sufficient facts to constitute the offences of conspiracy or stealing.
The defence team also asked the court to adjourn Immanuel's arraignment pending the determination of a related suit at the National Industrial Court. According to a 56-paragraph affidavit and a written address filed in support, the criminal proceedings arose from a wider commercial dispute over the ownership, management and control of Chappal Energies Mauritius Limited and its assets.
Immanuel's lawyers argued that the conspiracy charge was particularly defective because it neither named the persons with whom he allegedly conspired nor disclosed any agreement, meeting of minds or concerted arrangement. They added that the petition that triggered the police investigation did not accuse him of stealing, leaving the charge without a proper factual foundation.
The defence team described the prosecution as an attempt to use the criminal justice system to pressure Immanuel in the corporate dispute. They urged the court to apply the Supreme Court's principles on abuse of court process and dismiss the charge. The applicant's submissions as to the abusive nature of the instant Information are fundamentally predicated upon the fact that the Information was procured by hostile elements within the nominal complainant.
The court will now determine whether it has jurisdiction to hear the case. The ruling is expected to have significant implications for Immanuel and Chappal Energies. If the court rules that it has jurisdiction, Immanuel will be arraigned and the trial will proceed. However, if the court rules that it lacks jurisdiction, the charge may be dismissed or transferred to another court.
Key points
- The Lagos State Special Offences Court will rule on a jurisdiction challenge in a N600m theft case against Chappal Energies' Managing Director, Ufoma Immanuel.
- Immanuel's lawyers argue that the charge is an abuse of the criminal justice process and was initiated by hostile interests within Chappal Energies.
- The court's ruling will determine whether Immanuel will be arraigned and the trial will proceed.
