The prolonged absence of the principal accused person, Mr. Austin Albert, also known as Augustine Chijioke, again stalled proceedings in the N460.75 million fraud case before the Federal High Court, Ikoyi, Lagos, on Monday, as the presiding judge, Hon. Justice I. A. Kala, insisted that the defendant must be produced on the next adjourned date.
The matter is Charge No. FHC/LAG/CR/388/2026: Inspector General of Police v. Austin Ugochukwu Albert & Anor.
When the case was called, a legal officer from the Office of the Attorney General of the Federation and Minister of Justice announced the takeover of the prosecution in exercise of powers under Section 174 of the 1999 Constitution (as amended). The Section empowers the Attorney General to institute, take over and continue any criminal proceedings instituted by any other authority, and to discontinue same at any stage before judgment, having regard to public interest, the interest of justice and the need to prevent abuse of legal process.
The prosecution, which had been led by the Office of the Inspector General of Police, did not oppose the takeover and sought time to reconcile positions and transfer the case file from the IGP’s office to the AGF’s office.
Third Consecutive Absence
Mr. Albert, who is the Managing Director/CEO of Loft and Keys Ltd and Loft & Keys LLC, Dubai, was again absent in court. Due to the turn of proceedings, his absence was recorded without his lawyers being called upon to offer an explanation.
The Court directed the legal officer from the AGF’s office to ensure that Mr. Albert is produced in court on the next date, 17th November, 2026.
The case has been dogged by the non-appearance of the 1st Defendant. On 17th June, 2026, the Court was told he was abroad and had not been served. On 23rd July, 2026, his counsel informed the Court he was undergoing major surgery in Dubai, UAE. The prosecution, however, contends that no medical report or hospital letter was ever placed before the Court to substantiate that claim.
Mr. Albert is standing trial alongside Jinadu Musbau Olalekan on a five-count charge bordering on alleged criminal conspiracy, forgery, money laundering, criminal diversion of company funds and criminal intimidation.
The prosecution alleges that the sum of N460,750,000 belonging to Premiere Immigration and Advisory Limited was fraudulently moved from the company’s Globus Bank account to an account belonging to New Power Energy and Logistics Services Ltd, using a forged bank mandate allegedly bearing the forged signature of the company’s Founder/CEO. Mr. Albert is also accused of threatening and intimidating the Founder in an alleged bid to take over the company.
Speaking after proceedings, Ogechi Abu, Lead Counsel for FIDA Nigeria, who holds a watching brief for the nominal complainants, said:
“The way today’s proceeding went, we didn’t quite get to the point of offering an explanation for the absence of Mr. Austin. But I am certain that by the next adjourned date, a bench warrant would be issued if Mr. Austin fails to show up. At today’s proceeding, a legal officer from the Office of the Attorney General and Minister of Justice came to court and announced that the office was taking over this matter in exercise of his powers under the law.”
On his part, counsel to the defendants, Malam Abdul Hakeem Adio, offered a different perspective:
“The proceeding of today was very clear. It was not for possible arraignment as stated on the court list. It was for the determination of a notice of withdrawal and discontinuance which the prosecution filed at the instance of the Inspector General of Police… We were therefore shocked when an officer from the Office of the Attorney General claimed that she was exercising powers under Section 174 of the Constitution. Of course, the position of the Constitution is superior to any other statutory enactment. The matter has now been adjourned till November 17 for further direction.”
How the AGF’s takeover impacts the notice of withdrawal filed by the Police will be addressed on the next date.
As the case proceeds, attention remains firmly fixed on whether the principal defendant will finally present himself before the Court on 17th November, 2026, to take his plea.
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Seunmanuel Faleye is a brand and communications strategist. He is a covert writer and an overt creative head. He publishes Apple’s Bite International Magazine.
