A Federal High Court, Lagos, will on September 30, rule on an
objection raised by the Anosike Brothers – Noel and Fidelis over Daily
Times of Nigeria properties.
They were charged by the Federal Government with advance fee fraud and fraudulent conversion of DTN properties.
The court was to deliver ruling on the objections against the charge
on Thursday, but the presiding judge, Justice Chukwujekwu Aneke told
parties that the ruling was not ready.
The brothers have not been arraigned because of the pending preliminary objection challenging the service of the charge on them.
The Federal Government, in the five-count charge, said the defendants
fraudulently obtained the total sum of N325 million and fraudulently
converted the proceeds realised from sale of assets belonging to DTN.
On May 7, their lawyer, Mr. Norrison Quakers (SAN) said the court lacked the jurisdiction to entertain the criminal charge.
He said he had two applications dated November 19, 2012 and February 13 to back his claim.
Citing section 215 of the Criminal Procedure Act and other lega
l
authorities, Quakers said it was an anomaly for an accused person to be
arraigned on a charge not properly served.
Prosecution counsel, Mr. Ernest Ezebilo, argued that the charge had been duly served on the defendants.
He maintained that the proof of service was exhibited in the court’s file.
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