By DAYO ADESULU
In a far-reaching judgment that has stirred legal circles across Nigeria, the Court of Appeal in Lagos has barred the Attorney General of the Federation (AGF) and the Nigeria Police Force from appearing in any Nigerian court in matters concerning the finances of Woobs Resources Limited.
The appellate court took the position after finding what it described as persistent disobedience to subsisting court orders in the protracted dispute involving lawyer Victor Ukutt, Esq.
The ruling, delivered in Suit No. CA/LAG/CR/936/2025, arose from an appeal filed by Ukutt against the Federal Republic of Nigeria, with Fidelity Bank Plc, Mr. Whoba Ugwunna Ogo, and Safiya Whoba listed as co-respondents.
Court Sets Aside Federal High Court Ruling
Delivering judgment, Justice Frederick Oziakpono Oho allowed the appeal and set aside the July 1, 2025 ruling of the Federal High Court, Lagos, presided over by Justice A.L. Allagoa. The lower court had entertained a six-count amended charge bordering on conspiracy, conversion, obtaining money by false pretence, money laundering, and forgery.
However, the appellate court ruled that the amended information was incompetent and amounted to an abuse of court process. Consequently, the court dismissed the six-count charge in its entirety.
Justice Oho stressed that courts must protect their integrity at all times. According to him, any process tainted by abuse cannot stand, whether civil or criminal. He cited several authorities to reinforce the position that judicial processes must not become tools of harassment or oppression.
Therefore, the Court of Appeal held that the prosecution constituted a brazen disregard for valid and subsisting court orders.
Subsisting Orders Still Binding
Central to the judgment was the issue of earlier court orders dating back to 2011. Those orders were made by Justice M.B. Idris, now of the Supreme Court, in a dispute between Woobs Resources Limited and the Asset Management Corporation of Nigeria (AMCON).
The appellate court noted that those orders, which restrained actions relating to shares and funds tied to Woobs Resources Limited, were affirmed by the Court of Appeal in 2020 in proceedings involving Fidelity Bank and other parties.
Despite these subsisting rulings, the Federal Government and its agencies proceeded with criminal charges against Ukutt and others. According to the court, such action, taken while appeals and related suits remained pending before the Federal High Court and the Supreme Court, amounted to improper use of judicial machinery.
AGF, Police Denied Audience Pending Compliance
In what legal observers describe as the most consequential aspect of the judgment, the court ruled that until compliance with subsisting orders is ensured, the AGF and the police should not be granted audience in any Nigerian court regarding the matter.
The court also referenced an ongoing case before the Federal High Court in Abuja, presided over by Justice Emeka Nwite, which seeks to restrain the AGF and the police from investigating and prosecuting issues concerning Woobs Resources Limited’s finances. The court observed that the Economic and Financial Crimes Commission (EFCC) was already handling aspects of the financial investigation.
As a result, the appellate court concluded that filing fresh criminal proceedings while related matters remained unresolved amounted to harassment and interference with the administration of justice.
Justice Oho warned that allowing such conduct to continue would erode public confidence in the judiciary. He added that courts must remain vigilant against any attempt to scuttle pending proceedings through multiplicity of suits.
Background: Charges and Withdrawal
The legal dispute had earlier drawn public attention when the Federal Government filed Charge No: FHC/L/138C/2025 against Victor Ukutt, Fidelity Bank Plc, Whoba Ugwunna Ogo, and initially, Dr. Nneka Onyeali-Ikpe, Managing Director and Chief Executive Officer of Fidelity Bank Plc.
In June 2025, the government withdrew criminal charges against Dr. Onyeali-Ikpe after reviewing the case. The AGF’s office explained that the decision followed a comprehensive assessment which found no direct link between her and the alleged fraudulent account. The justice minister exercised his constitutional power to enter a nolle prosequi, formally discontinuing the prosecution against her.
An amended 10-count charge later replaced her name with Safiya Whoba.
Nevertheless, the Court of Appeal’s latest decision shifts the trajectory of the case significantly. By declaring the prosecution an abuse of court process and dismissing the charges, the appellate court has reinforced the principle that litigants, including government agencies, must respect subsisting judicial pronouncements.
Implications for Nigeria’s Judicial Integrity
The Appeal Court Bars AGF, Police Over Woobs Resources Case ruling underscores the judiciary’s determination to guard its processes against misuse. Legal analysts say the decision sends a strong message that even government authorities must comply strictly with existing court orders before initiating fresh proceedings.
More importantly, the judgment highlights the dangers of filing multiple suits across different courts on the same subject matter while appeals remain pending. According to the court, such actions risk undermining the efficient administration of justice.
With this pronouncement, the Court of Appeal has not only dismissed the criminal charges but also emphasized judicial discipline and procedural propriety.
As the dust settles, attention will now turn to pending proceedings in other courts, including the Federal High Court and the Supreme Court, which continue to address various aspects of the Woobs Resources dispute.
For now, the ruling stands as a defining moment in the legal battle, reinforcing the supremacy of court orders and the obligation of all parties — including state actors — to obey them.
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