A pastor with a popular Pentecostal church, Mr. Leslie Victor Michael-Atata, has been arraigned before a Federal High Court, Ikoyi, Lagos for alleged fraudulent misrepresentation.
Arraigned alongside the pastor, who is also a lawyer, is a limited liability company, Viktor AG. Ltd.
The defendants were arraigned before Justice Ibrahim Kala on a three-count charge of forgery, impersonation and misrepresentation.
The arraignment of defendants was sequel to a criminal complaint forwarded to the police by the law firm of Legal Answers LLP on behalf of the complainant, Feljohn Nigeria Limited.
It was alleged that the 1st defendant, Leslie Victor Michael-Atata, fraudulently converted No. 1 Kaduna Street, D/Line, Port Harcourt, a property sold to Baldwyne Holdings Limited by Feljohn Nigeria Limited.
It was averred that although he was aware of the sale, he “capitalised on his privileged position as complainant legal practitioner and secretary and began to covet and lay claims on the same property by fraudulently obtaining a sublease of the property using his company Viktor AG Limited.”
During the arraignment of the defendants, Mr. James Ordu, their counsel, raised an objection to the jurisdiction of the court, arguing that the transaction took place in Port Harcourt where the parties resided.
He argued that the transaction between the parties had been determined by a competent court, adding that part of the judgment is now the subject of a pending appeal at the Court of Appeal.
He also contended that the Commissioner of Police had granted the 1st defendant an administrative bail which is still subsisting. He therefore urged the court to strike out the charge.
However Mr. Samuel Ogala, the Prosecutor, objected and argued that where a transaction has both civil and criminal elements, both the civil and criminal cases can be pursued simultaneously.
He contended that the complainant also lives in Lagos, adding that the alleged offences were committed in Nigeria as per the wording of the charge.
He also stated that he was duly mandated by his office to prosecute the defendants, adding that the issue of jurisdiction does not arise as the police has unlimited jurisdiction pursuant to Section 214 of the 1999 Constitution and Sections 4 and 66 of the Police Act 2020.
In his ruling, the presiding judge, Justice Ibrahim Kala, held as follows: “I have looked into the three-count charge levelled against the defendants.
“It relates to conspiracy, impersonation and fraudulent misrepresentation.
“It is nowhere stated in the counts where these alleged offences occurred.
“Besides, they are offences charged under the provision of the Criminal Code Act, LFN, 2004 as well as Miscellaneous Offences Act, Cap M17, LFN, 2004.
“These are provisions that are not peculiar to any particular state.
“I therefore overrule the defendant’s argument on that point.”
The court then ordered that the charge be read to the defendants. The duo pleaded not guilty.
Ogala applied that the 1st defendant should be remanded in prison custody while Ordu objected to the request of the prosecution and urged the court to grant the defendant bail.