Alleged N135bn Debt: Court orders AMCON to serve Ifeanyi Uba charges through Clerk of N’ Assembly

After several attempts to serve the Chairman, Capital Oil and Gas Industries Limited, Dr. Patrick Ifeanyi Ubah, copies of charges filed against him by the Assets Management Corporation of Nigeria (AMCON) over alleged N135 billion debt, a Federal High Court in Lagos on Friday ordered that the charges be pasted at his residence or through the Clerk of the National Assembly.

The order of the court was sequel to an application filed and argued before the court by AMCON prosecutor, Mr. Babatunde Lawal.

Lawal had told the court that it has been very difficult to personally serve Uba a copy of the charge.

He told the court that it was necessary to obtain a court order to serve Uba and his company a copy of the charge, either by pasting it at his residence with the assistance of the Nigerian Police Force or serve him through the Clerk of National Assembly.

The presiding judge, Justice Nicholas Oweibo, while acceding to the request of the AMCON prosecutor, held that the defendant can be served either by pasting the charge at his residence in Abuja or through the Clerk of the National Assembly.

Meanwhile, AMCON had filed an eight-count amended charge before the court to replace the initial four-count charge filed against Uba and his company.

Subsequently, following an agreement between AMCON prosecutor, Mr. Babatunde Lawal, and Jane Okocha representing the second defendant, (Capital Oil and Gas Industries), Justice Oweibo adjourned the matter till May 24, 2022, for arraignment.

In the amended charges, AMCON alleged that Uba and his company Capital Oil and Gas Industries Limited, sometime between 2012 and 2018, conspired together in making false claims in relation to the actual values of certain assets transferred to AMCON under a consent judgment he and his company made with AMCON.

It was further alleged that Uba and his company obstructed AMCON in the implementation of the provision of the AMCON Act in realisation of part of his outstanding debt of N135 billion by frustrating the sale of a property at Banana Island.

The prosecutor also alleged that Ubah lied in respect of the actual values of the assets he listed in the terms of settlement and offered partial payment of the debts of Capital Oil and Gas Industries Limited.

The charges, as stated in the amended charge number FHC/L383C2019 read: ‘’That you, Ifeanyi Patrick Ubah, and Capital Oil and Gas Industries Limited, sometimes between 2012 and 2018, in Nigeria and within the jurisdiction of this honourable court, conspired together in making false claims in relation to the actual values of certain assets transferred to Asset Management Corporation of Nigeria (AMCON) under the Consent Judgment delivered in Suit No FHC/L/CS/714/2012 – AMCON v. Capital Oil and Gas Industries Limited & Mr. Ifeanyi Patrick Ubah on the 1st day of July 2013 in partial payment of the indebtedness of Capital Oil and Gas Industries Limited with a view to defeating the realisation of the said judgment debt of Capital Oil and Gas Industries Limited to AMCON then standing in the sum of 135Billion Naira contrary to section 54(1)(a) and (d) of the Asset Management Corporation of Nigeria Act, 2010 (as amended) and punishable under the same section of the Act.

“That you, Ifeanyi Patrick Ubah, and Capital Oil and Gas Industries Limited, sometimes between 2012 and 2018 in Nigeria and within the jurisdiction of this honourable court, being guarantor and debtor respectively, negligently, willfully or recklessly made a statement or gave information knowing it to be false in relation to the actual values of the assets transferred to AMCON under the Consent Judgment delivered in Suit No. FHC/L/CS/714/2012 -AMCON v. Capital Oil and Gas Industries Limited & Mr. Ifeanyi Patrick Ubah on the 1st day of July 2013 in partial satisfaction of the outstanding loan of N135 Billion Naira owed to AMCON contrary to Section 54(2) of the Asset Management Corporation of Nigeria Act, 2010 (as amended)and punishable under the same section of the Act.

“That you, Ifeanyi Patrick Ubah and Capital Oil and Gas Industries Limited, sometimes between 2012 and 2018 in Nigeria and within the jurisdiction of this honourable court did obstruct the implementation of the provisions of the AMCON Act vis-a-vis the realisation of part of your outstanding debt of 135 billion naira by frustrating the sale of the landed property at Banana Island to Dayspring Development Company Limited, which property you both transferred to AMCON by virtue of consent judgement delivered by this honourable court on the 1st day of July 2013 in suit No FHC/CS/714/2012-AMCON V Capital Oil and Gas Industries Limited & Mr. Ifeanyi Patrick Ubah and which act is contrary to Section Sa(5) of the Asset Management Corporation of Nigeria Act, 2010 (as amended) and punishable under the same section of the Act.

“That you, Ifeanyi Patrick Ubah and Capital Oil and Gas Industries Limited sometimes between 2018 and 2019 in Nigeria and within the jurisdiction of this honourable court, 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. Ifeanyi 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 and within the jurisdiction of this honourable court 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 Asset Management Corporation of Nigeria (AMCON) to accept the titles offered with respect to the properties, made false statements and concealed from the said AMCON existing mortgages and encumbrances 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 & Maharishi 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.

“That you, Ifeanyi Patrick Ubah, being a director of Capital Oil and Gas Industries Limited sometimes between 2011 and 2019 in Nigeria and within the jurisdiction of this honourable Court made and published terms of settlement which later became the Consent Judgment of this honourable Court In Suit No FHC/L/CS/714/2012 – AMCON v. Capital Oil and Gas Industries Limited & Mr. Ifeanyi Patrick Ubah and with respect to the actual values of the assets you listed in the said terms of settlement and offered in partial payment of the debts of Capital Oil and Gas Industries Limited which statement you knew to be false but did so with the intent to defraud Asset Management Corporation of Nigeria to enter Into a Restructuring Agreement and thereby committed an offence contrary to Section 436 of the Criminal Code Act, Cap. C38 of the Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act,” the harge read.

(THISDAY)