Mr. Akintoye Akindele, the Managing Director and Chief Executive Officer (MD/CEO) of Duport Midstream Company Limited, found himself at the center of a legal storm on Friday, as he was ordered to be remanded in Kuje Correctional Centre over alleged involvement in a $5.6 million fraud case.

In a brief ruling, Justice James Omotosho directed Akindele to be remanded in the correctional centre until the completion of his bail process.

The court set the next hearing for March 20, during which it will review the documents confirming the bail previously granted to him.

According to the charge brought forth by the police, Akindele and Duport Midstream Company Limited are accused of diverting $5,636,397.01 and N73,543,763.25 belonging to Summit Oil International Ltd.

Between 2017 and 2021, Akindele and his company, the second defendant in the suit marked: FHC/ABJ/CR/570/2023, purportedly diverted funds received from Shell Western Supply and Trading Limited for their personal benefit.

On March 1, Justice Omotosho granted Akindele bail amounting to N750 million, insisting on two sureties who could meet the same financial threshold.

Justice Omotosho, stipulating stringent conditions for bail, mandated that the two sureties must possess landed property within the court’s jurisdiction, swear to an affidavit of means, and deposit their bank account statements with the court registrar.

Granting bail, Justice Omotosho emphasized that the defendant must fulfill all conditions by March 8.

Acknowledging the defendant’s previous bail from the FCT High Court, Justice Omotosho allowed him to maintain that bail until March 8.

However, he maintained that the defendant would be remanded if he failed to meet the conditions of the new bail by March 8.

Following the bail proceedings, Justice Omotosho adjourned the case until March 15 for the trial to commence. This decision came after Akindele was arraigned on a four-count charge by the Inspector-General (I-G) of Police.

During the subsequent hearing on Friday, the I-G’s lawyer, Mr. Simon Lough, SAN, informed the court that although the trial was scheduled to begin and three witnesses were present, he made an oral application to transfer the case to the Federal High Court in Lagos.

In response, Akindele’s lawyer, Chief James Onoja, SAN, opposed Lough’s oral application, stating his intention to provide a response to the request.

Justice Omotosho also intervened to correct the prosecutor regarding his oral application.

He said “Transfer is just not by oral application. There should be a motion on notice.

“There must be reasons for transfer and it must be by affidavit evidence and you will serve the other party for them to respond.

“If they agree with your reasons, that is that. But if they don’t agree, they have the right to say why it should not be taken to Lagos.”

Lough, however, contended that Section 22 of the FHC Act permitted a judge to transfer a case to a division with jurisdiction, even without a formal request.

Justice Omotosho clarified that while the court had the authority for such transfers, it typically occurred after hearing from all parties involved.

he added “It is not without the evidence of the other party,”

Onoja reiterated that during the previous hearing, the court clearly outlined that the trial would proceed. Despite the prosecution’s presence with their witnesses, they were now pushing for a transfer of the case.

Expressing concern over the fairness of this move, Onoja argued that it disadvantaged the defendant. He stated that he was fully prepared for trial and had not been informed of the prosecution’s intention for transfer despite ongoing communication with Lough.

Highlighting the case’s civil nature, Onoja pointed out that it had already been investigated in Lagos, with no incriminating findings against Akindele. He emphasized the irony of the prosecution initiating the charge and then seeking transfer.

Onoja concluded by informing the court that Akindele’s bail had been successfully secured.

But the judge informed Onoja that the defendant’s bail perfection documents were not in his possession.

Despite Onoja’s insistence that the documents were submitted to the court, he urged one of the registrars to confirm their existence in the court’s custody.

Initially reluctant to examine the documents, the judge eventually called for the file. Upon reviewing it, he noted that the bail was not perfected by March 8, as ordered by the court.

Justice Omotosho observed discrepancies, noting that while the sureties’ letter of introduction was dated March 13, the affidavit of means was dated March 11, three days after the specified deadline.

Expressing his leniency in light of the conditions of the earlier bail, the judge lamented the defendant’s failure to comply.

Akindele’s lawyer, however, appealed to the court not to issue an order for his client’s detention in the correctional center.

The judge was informed that the defendant was indisposed.

Consequently, the judge ordered Akindele to be remanded in Kuje Correctional Centre until the completion of his bail process.

The matter was adjourned until March 20 for the court to review the bail perfection and to hear the application for transferring the case to the Lagos division of the Federal High Court.