Shittu submitted that the prosecution would not be able to proceed with the arraignment of the defendants because he was not present. He stated, “The former Managing Director of AMCON has repeatedly jumped administrative bail granted by the EFCC.”
“In light of the second defendant’s behaviour, we urge the court to issue a bench warrant. My lord, all the defendants in this case were served, but when the process server arrived at the second defendant’s residence, we found that the man had disappeared and blocked all contact.”
“Someone who is the former MD of AMCON should not act in this manner.”
Justice Dada granted the prosecution’s request and issued a warrant for the arrest of the second defendant, Kuru.
The court rejected a subsequent move to vacate the warrant by his lawyer, Amefula, who announced an appearance for Kuru.
Amaefula, who arrived in court after the warrant was granted, said he had to rush down to the court after he got wind of the proceedings. He said neither Kuru nor his lawyers were aware of the arraignment.
Justice Dada said the court orders were not made in vain and declined to vacate the warrant.
The judge held, “When the defendant presents himself in court on the next adjourned date, the court will revoke the order”.
The court has fixed January 20 for the arraignment of the defendants.
The complainants are the founders of Arik, Johnson Arumemi, and its shareholders. Human rights lawyer Femi Falana (SAN) signed the petition on their behalf.
The EFCC accused the bank of making a false statement to a public officer to cause-induce inducing unwarranted sale of Arik Air loans and bank guarantees with Union Bank, making false statements to the Assets Management Cooperation of Nigeria (AMCON) regarding Arik Air Limited’s performing loans following which it transferred a bogus figure of N71,000,000,000.00 to AMCON.
The offence is contrary to and punishable under Section 96 of the Criminal Law of Lagos State 2015.
The anti-graft agency also alleged Ahmed Lawal Kuru, Kamilu Alaba Omokide, as Receiver Manager of Arik Air Limited and Captain Roy Ilegbodu, Chief Executive Officer of Arik Air Limited in Receivership, sometime in 2022 or thereabout, were alleged to have stolen and fraudulently converted to the use of NG Eagle Limited the total sum of N4,900,000.00.
The offence of stealing by fraudulent conversion of the property of another is said to be contrary to Section 278(1) (a) of the Criminal Law of Lagos State 2011.
The Commission further claimed in the charge that Captain Roy Ilegbodu, as MD/CEO of Arik Air Ltd in receivership in May 2024 or thereabout, did steal the sum of N22,500,000.00 by fraudulently converting same to the use of Magashi Ali Mohammed’s property of Arik Air Ltd.
In count 4, the EFCC alleged that Kuru, as Managing Director of Asset Management Corporation of Nigeria (AMCON) and Omokide, as Receiver/Manager of Arik Air Ltd., being public officers, on 11th July 2019 or their in Lagos, directed to be done in abuse of the authority of their offices an arbitrary act, to wit: intentionally and in violation of the discharge of their functions incorporated a Company called NG Eagle Limited, RC Number 1600277 to obtain undue advantage for themselves and or cronies.
The office of abuse of office is contrary to and punishable under Section 73 of the Criminal Law of Lagos State 2015.
The anti-graft agency claimed that the defendants, on the 12th day of February 2022 or thereabout, being public officers directed to be done in abuse the authority of their office and to obtain undue advantage for themselves and their cronies an arbitrary act, to wit, intentionally authorising the teardown and destruction of 5N-JEA with Serial No. 15058 valued at $31.5M an arbitrary act, which act is prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited.
The EFCC also claimed that on the 29th day of November 2023 or thereabout in Lagos, dishonestly converted to the use of Super Bravo Limited three Boeing aircraft known as Manufacturer Serial Number 33944 Registration Number 5N MJG, Manufacturer Serial Number 35638 Registration Number 5N MJN and Manufacturer Serial Number 34761Registration Number 5N MJE property of Arik Air Limited.
The offence of stealing by dishonestly taking the property of another is contrary to Section 278(1) (a) of the Criminal Law of Lagos State 2011.
