Court Dismisses UBA Bid to Disqualify Prosecutor in $950,000 Fraud Trial

Justice Deinde Dipeolu of the Federal High Court, Lagos, has dismissed a motion brought by United Bank for Africa (UBA) Plc, three individuals, and a company seeking to disqualify Emmanuel A. Jackson from prosecuting a $950,000 fraud case. The ruling affirms Jackson’s authority and clears the way for continuation of the criminal trial, which has been ongoing since 2020.

UBA, alongside Chibueze Ojeh, Obinna Nwosu, Emeka Njoku, and Castle Equipment & Logistics Limited, faces a five‑count amended charge (FHC/AWK/25/2020) bordering on conspiracy, obtaining by false pretence, fraud, and issuance of dud cheques. The defendants are alleged to have defrauded Chief Nnamdi Vincent Ezenwa, MD/CEO of Vinna Investment Limited.

The defendants argued that Jackson, a retired Deputy Commissioner of Police, lacked constitutional authority to prosecute after his retirement in April 2025, citing Section 174 of the Constitution, Sections 66(1) and (2) of the Police Act 2020, and Section 106 of the Administration of Criminal Justice Act (ACJA) 2015. They contended that his continued involvement was ultra vires and unlawful.

The Police Special Fraud Unit (PSFU), however, countered that Jackson was duly retained and authorised in writing as the Police’s legal consultant and prosecutor. PSFU officer Sunday Ubani testified that Jackson had been engaged to handle both civil and criminal matters, including ongoing prosecutions, and that his authority did not require a separate fiat from the Attorney‑General.

Justice Dipeolu upheld the PSFU’s objection, ruling that Jackson’s continued prosecution was lawful. The court emphasised that the Police are empowered to engage legal counsel for prosecution and that disqualifying Jackson would not serve the ends of justice.

The charges allege that between April and June 2013, the defendants deceived Chief Ezenwa by claiming they could sell U.S. dollars at ₦159 per dollar. They collected ₦294,150,000 (about $1.85 million), remitted only $900,000 to recipients in Italy, and converted the remaining $950,000 for personal use.

The trial is scheduled to resume on June 4, 2026. The case remains one of Nigeria’s high‑profile financial fraud prosecutions, underscoring the judiciary’s role in safeguarding victims and reinforcing accountability within financial institutions.