A Federal High Court in Lagos has adjourned till May 24 the arraignment of Senator Ifeanyi Ubah and his firm Capital Oil and Gas Industries in connection with a disputed N135billion debt.
Justice Nicholas Oweibo fixed the date following a consensus between AMCON prosecutor Babatunde Lawal and Capital Oil and Gas Industries’ counsel, Jane Okocha.
Ubah, representing Anambra South Senatorial District, was not present.
The judge also granted an application directing AMCON to either paste the eight-count charge it filed against the lawmaker and his firm at his residence or serve him via the Clerk of the National Assembly.
Justice Oweibo made the order following Lawal’s prayer.
Lawal submitted that it had been difficult to personally serve Uba a copy of the charge, making it necessary to serve him via substituted means.
The charge replaces AMCON’s initial four-count charge against Ubah.
In the amended charge marked FHC/L383C2019 AMCON alleged that Uba and his firm between 2012 and 2018, conspired to make false claims about the actual values of certain assets transferred to AMCON under a consent judgement he and his firm made with AMCON.
Uba and his firm were also alleged to have obstructed AMCON from implementing the AMCON Act in the realisation of part of his alleged outstanding debt of N135Billion by frustrating the sale of property at Banana Island, Lagos.
AMCON also alleged that Ubah lied in respect of the actual values of the assets he listed in the terms of settlement and offered in partial payment of the debts of Capital Oil and Gas Industries Limited
Counts five, six and seven of the charge read: “That you, Ifeanyi Patrick Ubah and Capital Oil and Gas Industries Limited sometimes between 2018 and 2019 in Nigeria, did fraudulently convert the loan given to Capital Oil and Gas Industries Limited (the company) and the proceeds derived therefrom under a direction that same be invested in the company’s business to funding campaign for the election of you, Ifeanyi Patrick Ubah, into the Anambra South Senatorial District seat of the Senate of the Federal Republic of Nigeria in 2018 – 2019, and which act is contrary to Section 383(2) and punishable under Section 390 both of the Criminal Code Act, Cap C38 of the Laws of the Federation of Nigeria.
“That you, Ifeanyi Patrick Ubah and Capital Oil and Gas Industries Limited sometimes between 2011 and 2019 in Nigeria and within the jurisdiction of this honourable Court, being mortgagors of properties listed In the Consent Judgment of this honourable Court in Suit No. FHC/L/CS/714/2012 – AMCON V. Capital Oil and Gas Industries Limited & Mr. Ifeanyl Patrick Ubah, with intent to induce Asset Management Corporation of Nigeria (AMCON) to accept the title offered with respect to the said properties and with intention to defraud, concealed from the said AMCON instruments material to titles to the said properties which you subsequently failed to produce and thereby committed an offence contrary to Section 423 of the Criminal Code Act and punishable under the same section of the Act.
“That you Ifeanyi Patrick Ubah and Capital Oil and Gas industries between 2011 and 2019 in Nigeria, being mortgagors of properties listed in the consent judgement of this honourable court in FHC/L/CS/714/2012 -AMCON V. Capital Oil and Gas Industries Limited & Mr. Ifeanyi Patrick Ubah, at the time of negotiating the said consent judgement, with intent to defraud and induce AMCON to accept the titles offered with respect to the properties, made false statements and concealed from the said AMCON existing mortgages and incumbrances already created in favour of Aso savings & Loan Limited in respect of the property which later became subject matter in Appeal No.CA/A/468/2016-Aso Savings & Loan & Maharish Nigeria Ltd v AMCON, Capital Oil &Gas Industries & Ifeanyi Ubah and thereby committed an offence contrary to section 423 of the criminal code Act and punishable under the same section of the Act.”
