An Ikeja Special Offences Court on Monday ordered substituted service on United Bank for Africa Plc (UBA) and three other defendants in an alleged N4.29 billion foreign exchange fraud.
The defendants are Muyiwa Akinyemi and Amangbo Eziashi-Stephen, and two companies: Gesos Global Service Ltd. and Fedat Global Ltd.
The Economic and Financial Crimes Commission (EFCC) charged the defendants on a four-count charge bordering on foreign exchange infractions, concealment of proceeds of unlawful activities, retention of criminal proceeds and money laundering.
Justice Rahman Oshodi granted the order following an ex parte motion filed by EFCC counsel, Mr Temitope Banjo, seeking permission to serve the defendants by substituted means.
The judge held that pasting the charge and accompanying court processes at the defendants’ addresses would provide reasonable assurance that the proceedings would come to their attention.
“I have considered the supporting affidavit, and I am satisfied that the first proposed mode of service, pasting the documents in a conspicuous place at the address of the first, second, and third defendants provides reasonable assurance that the proceedings will come to their attention,” Oshodi said.
He, however, declined the prosecution’s alternative request to serve counsel representing the affected defendants.
“Relief number two, which seeks service on counsel for the first to third defendants, remains obscure and is struck out,” he said.
Granting the first relief, Oshodi ordered the prosecution to paste the charge and accompanying processes at the defendants’ addresses or any other address known to the commission.
“Accordingly, I grant permission for the prosecution to serve the charge and accompanying processes by pasting them in a conspicuous place at the addresses of the first, second, and third defendants, known as 19 Nnebue House, 57 Marina, Festac Island, Lagos, or at any other address known to the complainant/applicant,” he said.
The court thereafter adjourned the case until Oct. 22 for arraignment and directed the prosecution to file affidavits before the next hearing.
Earlier, Banjo had urged the court to permit the prosecution to paste the charge sheet and accompanying processes at conspicuous parts of the defendants’ addresses following their failure to appear for arraignment.
The prosecution had sought substituted service on the first, second, third and fifth defendants at UBA House, 57 Marina Street, Lagos Island, or other addresses known to the commission.
News Agency of Nigeria (NAN) reports that the defendants’ arraignment was stalled on June 3 due to their absence in court.
In one of the counts, the EFCC alleged that the defendants conspired between Sept. 14, 2022, and March 20, 2023, to sell foreign exchange above rates stipulated by the Central Bank of Nigeria and subsequently retained and laundered proceeds of the alleged illegal transactions.
