Justice Nicholas Oweibo of the Federal High Court sitting in Lagos struck out the charge filed by Asset Management Corporation of Nigeria, (AMCON) against Senator Ifeanyi Patrick Uba and his company, Capital Oil and Gas Limited over alleged N135Billion indebtedness.
The judge struck out the suit following an oral application by Counsel to the AMCON, Oluwaseun Onabowu seeking withdrawal of the suit.
Recalled that the court had directed that criminal summons be issued to Senator Ifeanyi Ubah and his company, Capital Oil and Gas Limited.
At the proceedings of the suit yesterday, counsel to the complaint informed the court that following consent Judgments reached in other sister cases in Abuja, the Federal Capital Territory, he urged the court to strike out the charge filed against the Defendants.
Also, counsel to the Defendants, Mrs Ifeoma Esom confirmed to the court that agreements have been reached with the complaint. Consequently, Justice Oweibo in a bench ruling struck out the the change.
AMCON had in its 8-count amended charge filed before the court alleged that Ifeanyi Patrick 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.
The Defendants were also alleged to have obstructed AMCON in the realization of part of his outstanding debt of N135 billion by frustrating the sale of the property at Banana Island.
The prosecutor also alleged that Ifeanyi Ubah lied with respect to 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 charge as stated in the amended charge number FHC/L383C2019 reads
“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 honorable 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 realization 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 honorable 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 honorable did obstruct the implementation of the provisions of the AMCON Act vis-avis the realization of part of your outstanding debt of 135Billion Naira by frustrating the sale of the landed property at Banana Island to Dayspring Development Company Limited, whose property you both transferred to AMCON by virtue of consent judgment delivered by this honorable 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(5)of the Asset Management Corporation ar 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 sometime between 2018 and 2019 in Nigeria and within the jurisdiction of this honorable 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 sometime between 2011 and 2019 in Nigeria and within the jurisdiction of this honorable Court, being mortgagors of properties listed In the Consent Judgment of this honorable 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 the 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 offense contrary to Section 423 of the Criminal Code Act and punishable under the same Section of the Act.”
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