A haulage operator, Mr. Adolphus Peter has asked the Court of Appeal, Lagos Division to set aside the bench warrant issued against him by Justice Akintayo Aluko, of the federal high court, sitting in Lagos over alleged diversion of Automotive Gasoline Oil (AGO), popularly called diesel.
Justice Aluko had issued the bench warrant after listening to an ex parte application filed before the court by the Police Special Fraud Unit (PSFU).
Dissatisfied, the appellant and his company, Adokhai Global Resources Nig. Limited in their Notice of Appeal, filed by their lawyer, Dele Igbinedion prayed the court to allow the appeal and set aside the decisions of the lower court made on November 23, 2023, and Bench Warrant issued, on July 2, 2024 respectively.
Specifically, the appellants are praying the court to hold that after a consideration of the appellants’ Notice of Preliminary Objection, the lower court does not have the jurisdiction to entertain the case.
Alternatively, the appellants are praying for an order remitting the case back to the Chief Judge of the federal high court to assign the case to another Judge of the Federal High Court to entertain the appellant’s Notice of Preliminary Objection.
The appellants through their lawyer, Igbinedion further argued that Section 330 (a) of the Administration of Criminal Justice Act, 2015 only empowers the lower court to make such order(s) as it thinks fit for the proper custody of property pending the conclusion of proceedings or trial
He stated that the lower court made the order to deliver the appellants’ trucks into the custody of the prosecution, without hearing from the appellant on the issue, contesting that it was contrary to the applicant’s fundamental rights to fair hearing which is guaranteed by Section 36 of the Federal Republic of Nigeria 1999 (as Amended).
He further argued that “Contrary to the mandatory provisions of Section 330 (a) of the Administration of Criminal Justice Act, 2015, none of the Two Trucks in relation to which the Lower Court made the Order was produced before the Lower Court at the time of making the order or at any time at all.
“The Lower Court refused to listen to arguments or the objection of the appellant’s counsel on the 1st respondent’s ex parte and even with the information that the another Judge (Justice Kala) of the same Federal High Court had earlier made a similar Order in favour of the 1st Respondent in relation to the said two Trucks”.
He submitted that the order made by Justice Kala in favour of the 1st respondent was still valid, even though being challenged by the appellant, at all maternal times.
Consequently, he urged the court to set aside the Bench Warrant issued by Justice Akintayo Aluko, on July 2, 2024 in Charge No: FHC/L/631C/2023 against the appellant.
