Alleged Perjury: Court Quashes ChargeAgainst Fenchurch Energy Directors

Wale Igbintade

A Federal High Court, in Lagos yesterday quashed criminal charges of perjury filed against two Directors of Fenchurch Energy Nigeria Limited, Mr. Babafunsho Adeyemi and Olufemi Bakare for being frivolous.

Justice Daniel Osiagor, quashed the charge filed against the businessmen, by the operatives of the Force Headquarters Abuja, while ruling on the preliminary objection filed and argued by the lawyer to the defendants, Adedoyin Adetunji-Adeniyi.

The police in charge numbered FHC/L/265c/2024, had alleged that both Babafunsho and Olufemi and their company, sometime in February 2023, conspired together to commit perjury when they, in order to mislead the court, allegedly stated on oath that “the shareholding of the first plaintiff/applicant and Bastanchury Limited in the first defendant, as altered by the Shares Subscription Agreement dated March 15, 2019, ought to be registered at the Corporate Affairs Commission with the relevant documents and filings made thereon.

The offences according to the police, Sections 516 and 117 and punishable under Section 118 of the Criminal Code Act.

However, at the resumed hearing of the charges today, Barrister Kyije Roland Abang, appeared for the prosecution, Adetunji Adedoyin-Adeniyi, appeared for the two defendants and their company, while Mr. Babatunde Ogalla (SAN) announced his appearance for the nominal complainant.

When the matter was called, the defence lawyer, Adedoyin-Adeniyi, informed the court that he has filed a preliminary objection challenging the competency and validity of the charge.

But, the Prosecutor urged the court to order the defendants to take their ple

Responding to the submissions of the prosecutor, lawyer to the businessmen argued that the preliminary objection takes priority because it is challenging the validity of the charge itself.

Justice Osiagor after reading through the preliminary objections alongside supporting documents and citing plethora of legal authorities, upheld the preliminary objection.

The judge consequently quashed and dismissed the charges against the two businessmen and their company, Fenchurch Energy Nigeria Limited.

The businessmen in affidavit in support of their preliminary objections deposed to by Patrick Mgbeoma, a lawyer in the law firm of Messrs AAA Chambers, states the followings: “that the defendants/applicants had filed Suit No: FHC/L/CS/319/2023: between Fenchurch Energy Nig. Limited & 2 Ors. Vs Bastanchury Power Solutions Nig. Ltd on the 22nd day of February, 2023, which is presently pending before the Federal High Court, Lagos Division.

“That the aforementioned suit with Suit No: FHC/L/CS/319/2023 is currently pending before Honourable Justice Peter K.O. Ogundare at the Federal High Court, Lagos Division and the allegation of perjury has established before the Honourable Court in the civil proceedings in the aforementioned earlier suit to warrant the present charge against the defendants/applicants.

“That the parties have joined issues with respect to the affidavit evidence before the Court in Suit No: FHC/L/CS/319/2023 and same is currently pending before Honourable Justice Peter K.O. Ogundare at the Federal High Court, Lagos Division with all the relevant documents to substantiate the facts stated in the affidavit therein.

“That the issue of shareholding of Bastanchury Power Solutions Nig. Ltd as deposed to by the first defendant/applicant in its affidavit evidence is substantiated by documentary evidence, which is the certified true copy of the Corporate Affairs Commission search conducted in 2023 and attached to the said affidavit evidence in the earlier suit.

“That the crux of the dispute between Bastanchury Power Solutions Nig. Ltd and the defendants/applicants is as a result of the Mareva Order that was discharged by the Honourable Court in Suit no: FHC/L/CS/319/2023: between Fenchurch Energy Nig Limited & 2 Ors. V. Bastanchury Power Solutions Nig. Ltd, on the 22nd day of February, 2023.