A Federal High Court in Lagos has adjourned till March 31, 2024, for hearing in a $9,841,100 (about N78.65 billion) theft charge preferred against Touch of Fame (TOF) Energy Company Limited in CHARGE NO: FHC/L/459C/23 by the Economic and Financial Crimes Commission, EFCC.
When the matter came up for hearing on Monday, the defendant’s Counsels, Aminat Adepoju and Loveth Eboh, pleaded before Justice Chukwujekwu Aneke, the trial judge, to withdraw their application of preliminary objection dated 18 November 2024 and that the judge should strike it out.
In the application, the defendant’s Counsels had asked for:
- An order quashing and / or strike out the amended charge dated and filed on 2 November 2023.
- An order discharging the applicant of all eight count charges in the charges filed against it by the EFCC.
- An order dismissing the charge for want of abuse of judicial process.
- And for such further order(s) as the honourable court may deem fit to make in the circumstances.
The EFCC Counsel, Suleiman I. Suleiman, did not object to the request but asked for cost.
Consequently, the judge struck out the application having been withdrawn by the defendant but granted no cost.
The eight count charge against Touch of Fame (TOF) Energy Company Limited as filed by Rotimi Oyedepo Iseoluwa, SAN, leading a team comprising seven other EFCC lawyers on 24 August, 2023, read:
COUNT 1
That you TOUCH OF FAME (TOF) ENERGY COMPANY LIMITED AND JYDE ADELAKUN(STILL AT LARGE) between 17th August, 2018 and 6th September 2018,in Lagos within the Jurisdiction of this Honourable Court, conspired amongst yourselves to commit an offence to wit: retention of the total sum of $4,920,500 USD (Four Million, Nine Hundred and Twenty Thousand, Five Hundred United States Dollars) in your Polaris Bank Domiciliary account no 1771453359 with the name TOF ENERGY COMPANY LIMITED which sum you reasonably ought to have known forms part of the proceed of unlawful activity, contrary to section 18 (a) of the Money Laundering (Prohibition and Prevention )Act, 2011 as amended and punishable under section 15 (2) (d) of the same Act.
COUNT 2
That you TOUCH OF FAME (TOF) ENERGY COMPANY LIMITED on the 20mh directly retained the total sum of $9,985.00 USD (Nine Thousand Nine Domiciliary account no 1771453359 with the name TOF ENERGY part of JYDE ADELAKUN’s unlawful act to wit: fraud contrary to section 15(2)(d) of the Money Laundering (Prohibition and Prevention) Act.2011as amended and punishable under section 15 (3) of the same Act.
COUNT 3
That you TOUCH OF FAME (TOF) ENERGY COMPANY LIMITED on the 20th August, 2018, in Lagos within the Jurisdiction of this Honourable Court, directly retained the total sum of $629,875.00 USD (Six Hundred and Twenty Nine, Thousand Eight Hundred and Seventy Five United States Dollars) in your Polaris Bank Domiciliary account no 1771453359 with the name TOF ENERGY COMPANY LIMITED which sum you reasonably ought to have known forms part of JYDE ADELAKUN’s unlawful act to wit: stealing contrary to section 15(2)(d) of the Money Laundering (Prohibition and Prevention |Act, 2011 and punishable under section 15 (3) of the same Act.
COUNT 4
That you TOUCH OF FAME (TOF) ENERGY COMPANY LIMITED on the 24th August, 2018, in Lagos within the Jurisdiction of this Honourable Court, directly retained the total sum of $499,975.00 USD (Four Hundred and Ninety Nine Thousand Nine Hundred and Seventy Five United States Dollars) in your Polaris Bank Domiciliary account no 1771453359 with the name TOF ENERGY COMPANY LIMITED which sum you reasonably ought to have known forms part of JYDE ADELAKUN’s unlawful act to wit: stealing contrary to section 15(2)(d) of the Money Laundering (Prohibition and Prevention |Act, 2011 and punishable under section 15 (3) of the same Act.
COUNT 5
That you TOUCH OF FAME (TOF) ENERGY COMPANY LIMITED on the 27th August, 2018, in Lagos within the Jurisdiction of this Honourable Court, Forty Nine Thousand Nine Hundred and Seventy Five United States Dollars)in your Polaris Bank Domiciliary account no 1771453359 in the name TOF ENERGY COMPANY LIMITED which sum you reasonably ought to have known forms part of JYDE ADELAKUN’s unlawful act to wit: stealing contrary to section 15(2)(d) of the Money Laundering (Prohibition and Prevention Act, 2011 and punishable under section 15 (3) of the same Act.
COUNT 6
That you TOUCH OF FAME (TOF) ENERGY COMPANY LIMITED on the 28th August, 2018, in Lagos within the Jurisdiction of this Honourable Court, directly retained the total sum of $510,575.00 USD (Five Hundred and Ten Thousand Five Hundred and Seventy Five United States Dollars) in your Polaris Bank Domiciliary account no 1771453359 with the name TOF ENERGY COMPANY LIMITED which sum you reasonably ought to have known forms part of JYDE ADELAKUN’s unlawful act to wit: stealing contrary to section 15(2)(d) of the Money Laundering (Prohibition and Prevention Act, 2011 and punishable under Section 15 (3) of the same Act.
COUNT 7
That you TOUCH OF FAME (TOF) ENERGY COMPANY LIMITED on the 6mh September,2018,in Lagos within the Jurisdiction of this Honourable Court, directly retained the total sum of $1,199,975.00 USD (One Million One Hundred and Ninety Nine Thousand Nine Hundred and Seventy Five United States Dollars) in your Polaris Bank Domiciliary account no 1771453359 with the name TOF ENERGY COMPANY LIMITED which sum you reasonably ought to have known forms part of JYDE ADELAKUN’s unlawful act to wit: stealing contrary to section 15(2)(d) of the Money Laundering (Prohibition and Prevention) Act,2011 and punishable under section 15 (3) of the same Act.
COUNT 8
That you TOUCH OF FAME (TOF) ENERGY COMPANY LIMITED on the 6ih September,2018, in Lagos within the Jurisdiction of this Honourable Court, Hundred and Nineteen Thousand Nine Hundred and Seventy Five United with the name TOF ENERGY COMPANY LIMITED which sum you reasonably ought to have known forms part of JYDE ADELAKUN’s unlawful act to wit: stealing contrary to section 15(2)(d) of the Money Laundering (Prohibition and Prevention) Act, 2011 and punishable under section 15 (3) of the same Act.
