Justice Deinde Dipeolu of a Federal High Court Lagos, has dismissed the motion filed by UBA Plc, three individuals and a company seeking to stop Barrister Emmanuel A. Jackson, a retired Deputy Commissioner of Police, from continuing with the prosecution of a fraud case instituted by the Nigeria Police Special Fraud Unit (PSFU).
The ruling clears the way for the continuation of the criminal trial in which UBA and its co-defendants are accused of involvement in a $950,000 fraud scheme.
UBA is standing trial alongside Chibueze Ojeh, Obinna Nwosu, Emeka Njoku, and Castle Equipment & Logistics Limited in a five-count amended charge marked FHC/AWK/25/2020.
UBA Plc and others are being tried before the court on a third amended five count-charge of alleged conspiracy, obtained by false pretence, fraud of $950,000 USD and issuance of dud cheques.
The victim of the alleged crimes is a businessman named Chief Nnamdi Vincent Ezenwa, MD/CEO of Vinna Investment Limited.
The defendants were alleged to have committed the offences alongside the dou of Onyinyechi Oraegbunem and Pamela Onaga, both former Aba, Abia State branch manager and account officer to Nnamdi Vincent Ezenwa, said to be at large.
The matter which has commenced since 2020, with Barrister Jackson, a former Officer in Charge of Legal Department of PSFU, as the prosecutor.
However, upon retired from service in sometimes in April 2025, Barrister Jackson continued in prosecuting the defendants on the charge.
However, midway to the trial of the charge, the defendants through their counsel filed a motion to disqualify Barrister from further prosecuting them.
They hinged their motion to section 174 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 66(1)(2) of the Police Acts 2020, section 106 of ACJA 2015, and under the court’s inherent jurisdiction.
Specifically, the asked the court for ‘an order disqualifying the prosecuting counsel, E. A. Jackson Esq. from prosecuting this case/Information due to lack of constitutional and prosecutorial authority to undertake any prosecution of citizen before this Honourable Court”.
Parts of the grounds listed for their request include: “the prosecuting counsel, E. A. Jackson Esq. (the Respondent) has retired from the service of the Nigeria Police Force around April to June, 2025.
“Having retired from the Nigeria Police Force, Prosecuting Counsel, E. A. Jackson Esq. (the Respondent) is no more competent and lacks the requisite constitutional and prosecutorial authority to undertake or continue the prosecution of any citizen including the Defendants in this instant case before this Honourable Court.
“In order not to embark on an exercise in futility, the prosecuting counsel, E. A. Jackson needs to be disqualified and replaced with another Police’s Prosecuting Counsel or perhaps obtain the requisite fiat to so empower him with the authority to prosecute so that all acts done or steps taken thereto will not be ultra vires, null, and void.
“By the provision of Section 66(1) & (2) of the Police Act, 2020, it is only a Police Officer who is a Legal Practitioner that can prosecute in person before any cow whether or not the information or complaint is laid in his name.”
In response to the defendants’ motion, the PSFU through one of its officers, Sunday Ubani, filed a counter affidavit, wherein he stated the followings: “I know as a fact that Mr. E.A. Jackson, Esq retired from the police Force, through the Police Special Fraud Unit, Ikoyi, Lagos, as a Deputy Commissioner of Police, heading the Legal/Prosecution, Section of the Unit on 2nd April, 2025.
“That contrary to the applicants’ depositions in their affidavit, upon Mr. Jackson’s retirement, the police generally retained, engaged, appointed, instructed and authorized him in writing to be their Legal consultant, adviser, lawyer and prosecutor and to this end the commissioner of police, Police Special Fraud Unit Ikoyi, Lagos, directed me to do a letter of authorization, engagement or fiat, appointing Mr. Jackson Esq as police Counsel to handle police civil and criminal cases, including those handled by him while he was in service as well as new ones as the police may, from time to time, assign to him and or his chambers
“I know as a fact that on the 2nd April, 2025, the Commissioner of police, Police Special Fraud Unit, Ikoyi, Lagos gave Mr. Jackson the said letter of authority or fiat generally appointing him as our police external lawyer/prosecutor, and that I know as a fact that it is not only the Attorney General of the Federation and or of a state that can issue a fiat to private lawyer like Mr. E.A. Jackson, to represent the state in a criminal matter, the police can also issue such a letter of Authority/Fiat to counsel of its choice to handle its civil and criminal cases either specifically or generally.
“I also know as a fact that contrary to the applicants’ depositions, it is not the appearance of Mr. Jackson or the lack of same that confers jurisdiction on this honourable court to try the present charge. And that as a fact that it is the police and not the applicants that can question the right and authority of Mr. Jackson to prosecute this charge on its behalf.”
The deponent further states: “as a fact that it is only the Attorney General and not the Applicants that can also question whether or not he authorized Mr. Jackson to prosecute this charge or whether the police usurped his power to do so. And that Mr. Jackson does not require the express authorization of the Honourable Attorney of the Federation to prosecute this charge, the police can also authorize Mr. Jackson to do so on its behalf as its lawyer either specifically for this case or generally.
“I further know as a fact that the Honourable Attorney General of the Federation does not have monopoly of public prosecutions as other authorities and persons, including the police can also prosecute criminal cases either through officers in the police force or through private lawyers engaged by the police to do so for them.
“That I verily believe that it will not be in the interest of justice to grant the application and thereby deny the police the right to be represented by a counsel of its choices in the person of Mr. Jackson, duly engaged/authorized by the police to handle this case and other cases for them as their general counsel.”
Ruling on the motion today, Justice Dipeolu after reading through all the processes filed and authorites cited by the parties, uphold the prosecution’s preliminary objection and dismissed the defendants’ motion to disqualify the prosecutor.
Further Trial of the defendants has been adjourned to June 4, 2026.
Parts of the charges against UBA Plc and others reads: “that you Chibueze Ojeh ‘M’ 40 years MD/CEO of Castle Equipment & Logistics Limited of Lekki County Homes, Westend Estate Road 4, House 4 Lekki Lagos state, Obinna Nwosu”M’ 45 years of No. 1 Shofidiya Close, Adegoke Estate, Masha Roundabout Sururere Lagos, Emeka Njoku ‘M’ 41 years former Staff and marketer with United Bank for Africa Plc, of No. 3 Azikiwe Road Port Harcourt, Castle Equipment & Logistics Ltd and United Bank for Africa Plc; Onyinyechi Oraegbunem ‘F’ former branch manager of UBA Plc Aba branch and Pamela Onaga ‘F’ former staff of UBA Account officer to Chief Nnamdi Vincent Ezenwa, now at large, between 3rd April 2013 and 31st June, 2013 in Lagos and Aba within the jurisdiction of this Honourable court while acting in concert and with intent to defraud Chief Nnamdi Vincent Ezenwa MD/CEO of Vinna Investment Limited conspire together to commit felony to wit: obtaining money by false pretence and you thereby committed an offence contrary to Section 8(a) of the Advance fee fraud and other related offences Act 2006.
“That you Chibueze Ojeh ‘M’ 40 years MD/CEO of Castle Equipment & Logistics Limited of Lekki County Homes, Westend Estate Road 4, House 4 lekki Lagos state, Obinna Nwosu ‘M’ 45 years of No. 1 Shofidiya Close, Adegoke Estate, Masha Roundabout Surulere Lagos, Emeka Njoku ‘M’ 41 years former Staff and marketer with United Bank for Africa Plc, of No. 3 Azikiwe Road Port Harcourt, Castle Equipment & Logistics Ltd and United Bank for Africa Plc; Onyinyechi Oraegbunem ‘F’ former branch manager of UBA Aba branch and Pamela Onaga ‘F’ former staff of UBA Plc Aba branch/account officer to Nnamdi Vincent Ezenwa now at laree, between 3rd April, 2013 and 31st June 2013 in Lagos and Aba, within the jurisdiction of this Honourable court while acting in concert and with intent to defraud Chief Nnamdi Vincent Ezenwa, MD/CEO of Vinna Investment Limited deceitfully induced Chief Nnamdi Vincent Ezenwa that you have dollars to sell to him at a lower rate of N159.00 per Dollar and deceitfully collected a total sum of N294,150,000,00 (Two hundred and Ninety four Million, one hundred and fifty thousand Naira) Equivalent to $1,850,000 Dollars (one million eight hundred fifty Thousand United States Dollars) from him on the pretence that you will transfer the Dollars equivalent to his customers in Italy but having collected the total sum of N294,150,000,00 (Two hundred and Ninety four Million, one hundred and fifty thousand Naira) you transferred only $900, 000 Dollars, equivalent to N143, 100,000.00 (one hundred and forty three Million, one hundred thousand Naira) and converted $950,000 Dollars, Equivalent to N151, 050, 000.00 (one hundred and fifty one Million and fifty Thousand Naira) to your use, you thereby committed an offence contrary to section 1(1) and punishable under section 1(3) of the Advance fee fraud and other related offences Act 2006.
Count 3
That -you Chibueze Ojeh: ‘M’ 40 years ‘MD/CEO of Castle Equipment & Logistics Limited of Lekki County Homes, Westend Estate Road 4, House 4 Lekki Lagos state and Castle Equipment & Logistics Limited, between 3rd April, 2013 -and 31st June 2013 in Lagos and Aba within the jurisdiction of this Honourable court while ‘acting in concert and with intent to defraud Chief Nnamdi Vincent Ezenwa MD/CEO of Vinna Investment Limited deceitfully induced Chief Nnamdi Vincent Ezenwa that you have Dollars to sell to him’ at the rate N159.00 per Dollar and deceitfully collected a total sum of N294,150,000,00 (Two hundred and Ninety four Million, one hundred and fifty thousand Naira) Equivalent to $1,850,000.00 (one million eight hundred fifty Thousand United States Dollars) from him on the pretence that. you will. transfer.’‘the’ Dollars equivalent to his’ customers in Italy; but having collected. the total sum:-of N294,150,000,00 (Two hundred and Ninety four Million, one hundred and fifty thousand Naira) you transfered only $900,000 Dollars, equivalent to N143,100,000.00 (one hundred and forty three Million, one ‘hundred: thousand Naira) to his customers and converted $950,000 Dollars, Equivalent to N151,050,000.00 (one hundred and fifty one Million and fifty thousand Naira). which you shared with your cohorts, you thereby committed an offence contrary to section 1(1) and punishable under section 1( 3): of the Advance fee fraud and other related Offences Act 2006.
“That you Emeka Njoku ‘M’ 40 years, former staff and marketer with United Bank for Africa Plc, of No; 3 Azikiwe Road Port Harcourt, United Bank For Africa Plc 57, Marina Lagos; Onyinyechi Oraegbunem ‘F’ former branch Manager of UBA Aba branch and Parnela Onaga ‘F’ former staff of UBA/account officer to Nnamdi Vincent Ezenwa; now at large, between 3rd April, 2013 and 31st June 2013, in Lagos and Aba, within the jurisdiction of this Honourable court while acting In concert as staff of UBA Ple and with intent to defraud Chief Nnamdi Vincent Ezenwa, MD/CEQ of Vinna Investment Limited aids and abets Chibueze Ojeh ‘M’ 40 years MD/CEO of Castle Equipment & Logistics Limited of Lekki County Homes, Westend Estate road 4 House 4 Lekki Lagos state and Castle Equipment & Logistics Limited to commit the. offence of obtaining money by false pretence, by inducing Chief Nnamdi Vincent Ezenwa that Chibueze Ojeh and Castle Equipment & Logistics Limited has Dollars to sell to him at the rate of N159.00 per Dollar and based on that deceit Chief Nnamdi Vincent Ezenwa transferred a total sum of N294,150,000,00. (Two hundred and Ninety four Million, one hundred-and fifty thousand Naira) from his UBA Plc account in Aba branch to the UBA, Plc account of Castle Equipment & Logistics Limited in Lagos, which was amount withdrawn by Chibueze Ojeh to purchase $1,850,000 Dollars and having purchased $1,850, 000 Dollars, transferred only $900,000 Dollars to his customers in Italy and converted $950,000. 00 (Nine Hundred and Fifty Thousand United States Dollars) to his use, you thereby committed an offence contrary to section 8(a) and punishable under section 1(3) of the Advance fee fraud and other related offences Act 2006.”
