The Economic and Financial Crimes Commission (EFCC) on Monday, January 20, 2025, arraigned a former Managing Director of Assets Management Corporation of Nigeria (AMCON), Ahmed Kuru and four others for allegedly defrauding Arik Airline N76 billion and $31.5 million.
Other defendants are former Receiver Manager of Arik Airline Ltd, Kamilu Omokide, Chief Executive Officer of the airline, Captain Roy Ilegbodu, and Super Bravo Ltd and Union Bank PLC.
The defendants were arraigned before Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos on a six-count charge bordering on theft, abuse of office and stealing by dishonestly taking the property of another.
The defendants, however, pleaded not guilty to all the six-count charges when they were read to them.
Count one reads: “That you, Union Bank Nigeria Plc, sometime in 2011 or thereabouts, in Lagos, within the jurisdiction of this Honourable Court, with the intention of causing and/or inducing unwarranted sale of Arik Air loans and bank guarantees with Union Bank, made false statements to the Assets Management Corporation of Nigeria (AMCON), regarding Arik Air Limited’s performing loans, following which you transferred a bogus figure of N71,000,000,000.00 (Seventy-One Billion Naira) to AMCON.”
Count two reads: “That you, Ahmed Lawal Kuru, Kamilu Alaba Omokide as Receiver Manager of Arik Air Limited, and Captain Roy Ilegbodu, Chief Executive Officer of Arik Air Limited in Receivership, sometime in 2022 or thereabout, in Lagos, within the jurisdiction of this honourable court, fraudulently converted to the use of NG Eagle Limited the total sum of N4,900,000,000.00 (Four Billion Nine Hundred Million Naira only), property of Arik Air Limited”.
Count five reads: “That you, Kamilu Alaba Omokide, Ahmed Lawal Kuru and Capt. Roy Ilegbodu, on the 12th day of February, 2022 or thereabout, in Lagos, within the jurisdiction of this Honourable Court, being public officers, directed to be done in abuse of the authority of your office and with intention of obtaining undue advantage for yourself and cronies an arbitrary act, to wit: intentionally authorizing the tear down and destruction of 5N-JEA with Serial No. 15058 valued at $31.5million (Thirty One Million, Five Hundred Thousand Dollars), an arbitrary act, which act is prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited”.
The counsel to the first and third defendants, Prof Taiwo Osipitan (SAN), informed the court of a motion for bail application dated November 28, 2024, and November 29, 2024, for the two defendants.
Osipitan prayed the court that the defendants be granted bail on liberal terms.
According to him, the first defendant had no criminal records and that the EFCC granted him administration bail which he didn’t jump adding, “We pray the court grants bail to the two defendants on the same liberal terms given to them by EFCC.”
EFCC Counsel, Wahab Shittu 9SAN), filed counter-affidavits dated December 2, 2024, against the first defendant and also another counter-affidavit dated December 22, 2024, against the third defendant. Shittu prayed the court to dismiss their bail applications.
According to him, the two defendants are facing serious offences of economic sabotage. However, he agreed with the second and third defence counsel that they are presumed innocent pending the determination of the court.
Shittu, however, added that the temptation of the defendants leaving the country was very high. He, thereafter, prayed that accelerated hearing be granted and the defendants’ international passports be seized by the court.
“But if my lord decides to be magnanimous to grant them bail, we shall be praying for stringent conditions because we are particular about their attendance in court. “We urge that they should submit their international passports with the court in order to ensure that they come for trial,” he said.
The counsel to the second defendant, Olasupo Shasore (SAN) in his motion for bail dated December 6, 2024, and filed on the same day, urged the court to also grant bail to his client on self-recognition.
The prosecuting counsel in his counter affidavits dated January 17, 2025, opposed the bail application of the second defendant.
He said the application for bail was incompetent and should be struck out.
Shittu cited relevant laws to buttress his argument saying, “My lord, the record of this court is to the effect that the second defendant, at one point, absconded in which your lordship had to issue a bench warrant. The learned silk for the second defendant is not the defendant on trial and it is very unhealthy for a counsel to stand as a surety for a defendant. I urge my lord, in exercising his discretion, to take all this into consideration because our concern is the appearance of the second defendant in court so that he does not abscond.”
After listening to the arguments from all the parties, Justice Dada granted bail to the defendants in the sum of N20 million Naira each with two sureties in like sum. The sureties must be gainfully employed and deposed to means of identification.
She also directed the defendants to submit their international passports to the registrar of the court and adjourned the matter till March 17, 18, and 19, 2025 for the commencement of trial.
