N20bn Fraud Case Collapses as Court Discharges Director After Police Withdrawal

img 4015

By Juliet Ezeh

A major alleged N20bn fraud case has collapsed at the Federal High Court in Lagos after the prosecution abruptly withdrew charges against a company director and her firm.

Justice Akintoye Aluko on Monday struck out the case, effectively discharging the defendants following a formal request by the police to discontinue the prosecution.

The case had accused Taiwo Ibitola and Lexhan Investment Ltd of involvement in an alleged N20bn money laundering and fraud scheme.

Case Ends Before Trial Begins

The court ruled that since the defendants had not appeared before the court and trial had not commenced, the appropriate legal step was to strike out the charge.

“The defendants have never appeared before the court… this charge is hereby struck out, and the defendants are discharged,” the judge ruled.

The decision followed an application by the prosecution, led by M.Y. Bello, who told the court the withdrawal was made “in the interest of justice.”

Legal Battle Over Possible Acquittal

Defence counsel, Taiwo Osipitan (SAN), had urged the court to go beyond striking out the case and instead dismiss it entirely, arguing that this would prevent the matter from being reopened in the future.

He relied on provisions of the Administration of Criminal Justice Act, which allow a court to acquit a defendant when a case is withdrawn under certain conditions.

Osipitan also argued that the charges were flawed because they were based on a law that did not exist at the time of the alleged offence.

Dispute Framed as Family Matter

The defence further maintained that the case was not criminal in nature but stemmed from a family inheritance dispute involving property and shares.

According to the original charge, the police alleged that the defendants conspired to convert assets worth N20bn belonging to beneficiaries of a deceased estate.

The alleged offences were said to involve companies linked to the management of the late patriarch’s assets.

What the Court’s Decision Means

By striking out the case rather than dismissing it, the court leaves room for the prosecution to revisit the matter in the future if new evidence emerges.

Legal analysts note that such outcomes often hinge on procedural issues, timing of laws, and prosecutorial discretion, rather than a full examination of the allegations.