An Ikeja Special Offences Court, on Thursday, set aside a bench warrant issued against the former Managing Director of Assets Management Corporation of Nigeria (AMCON), Ahmed Kuru.
He is charged with alleged Arik Airline N76 billion and $31.5 million fraud.
Other defendants are former Receiver Manager of Arik Airline Ltd, Kamilu Omokide, Chief Executive Officer of the airline, Captain Roy Ilegbodu, Union Bank Ltd and Super Bravo Ltd.
They were to be arraigned on alleged theft, abuse of office, making false statements to public officer and stealing by dishonestly taking the property of another, proffered against them by the Economic and Financial Crimes Commission (EFCC).
Justice Mojisola Dada set aside the bench warrant against the second defendant, following his presence in court on Thursday and motion on notice filed by his counsel, Mr Olasupo Shasore (SAN).
Dada, in her ruling, set aside the bench warrant in view of the second defendant’s presence in court and adjourned the case until Jan.20, 2025, the earlier scheduled date for arraignment.
“In view of the attendance of the second defendant in court and the undertaken signed by the learned silk to ensure his attendance in court at any given time and no objection by the prosecution, the second defendant’s application of motion on notice is hereby granted and the bench warrant set aside,” the judge said
Earlier, Shasore, in his motion on notice dated December 12, had signed an undertaken and assured the court that he would produce his client for arraignment on Jan. 20, 2025 and also made sure that he attended his trial.
EFCC Counsel, Dr Wahab Shittu (SAN), did not object to the application since the counsel to the second defendant had signed an undertaken to produce the defendant for arraignment.
“My lord, if the learned silk is assuring the court that the second defendant will be available on January 20 for his arraignment, we will not be objecting the application.
“We could not contact him the ways others were contacted and his counsel signed an undertaken that he will produce him, knowing the consequences of the undertaken, the prosecution will not be objecting to the revoke of the bench warrant against the second defendant,” Shittu said.
The court had on December 3 issued a bench warrant against the former AMCON MD, following his absence in court of arraignment.
The court had said that the bench warrant would be revoked at the next adjourned date if the second defendant was present in court.
The EFCC accused the defendants of abuse of office and stealing property belonging to Arik Airline.
The anti-graft agency alleged that sometime in 2011, with the intention of causing and/or inducing unwarranted sale of Arik Air loans and bank guarantees, made false statements to the Assets Management Cooperation of Nigeria regarding Arik Air Ltd’s performing loans ànd later transferred the sum of N71 billion to AMCON.
The commission also alleged that Kuru, Omokide an Ilegbodu sometime in 2022, fraudulently converted to their use of NG Eagle Ltd the total sum of N4,9 billion.
The anti-graft agency also accused the CEO of stealing the sum of N22.5 million by fraudulently converting same to the use of Magashi Ali Mohammed, property of Arik Air Ltd.
The EFCC also accused the defendants of intentionally authorising the tear down and destruction of 5N-JEA with Serial No. 15058 valued at $31.5 million, an arbitrary act, which was prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited.
According to the prosecution, the alleged offence contravens the provisions of Sections 73, 96, 278(1) and 278(6) of the criminal law of Lagos State 2015.
