Justice Akintayo Aluko of the Federal High Court in Lagos has ordered Barrister Charles Adeyoriju to produce his client, Chinese businessman Mr. Su Donghai, who is currently fleeing, for arraignment on May 22, 2025. Mr. Su Donghai is facing charges alongside two Nigerians and two companies for an alleged N1 billion fraud.
The case, which has raised significant attention in the Nigerian legal and business circles, centres on an alleged conspiracy, fraud, and forgery involving Mr. Su Donghai, a Chinese national, and several Nigerian individuals and companies. Mr. Donghai is accused, along with two Nigerian co-defendants, Stanley Tochukwu Okafor (41) and Ogunade Oladele Oluwaseun (40), and their companies, WNW Energy Technical Development Limited and HAOTI International Limited, of defrauding CNOTS Energy Services Nigeria Limited of approximately N1 billion.
The operatives of the Force Criminal Investigation Department (Force CID), Alagbon-Ikoyi in Lagos, are handling the investigation into the matter. They have charged the defendants with 11 counts, including conspiracy, obtaining money by false pretence, and forgery.
The legal proceedings began with an attempt to arraign the defendants, but the court proceedings have been delayed multiple times. On the most recent occasion, when the case was called in court, the court was informed that Mr. Su Donghai, who is a key defendant in the case, had fled Nigeria and was currently in China.
During the most recent hearing, Justice Akintayo Aluko expressed his frustration at the delay caused by the absence of Mr. Su Donghai, who has yet to appear in court. When the case resumed for the arraignment of the defendants, the courtroom was filled with various lawyers representing the parties involved. Barrister Ogalla, who represented the Force CID Annex, and Barrister Tolulope Moloku from the Office of the Attorney-General of the Federation (AGF), announced their appearance for the prosecution.
The lawyers for the Nigerian defendants, Stanley Tochukwu Okafor and Ogunade Oladele Oluwaseun, were also present in the courtroom, with Barrister Ayi Ekpenyoung Ema and Barrister Kayode Lawal representing them, respectively. Barrister Charles Adeyoriju, however, stood in for the absent Mr. Su Donghai and his company, Haoti International Limited.
But when the defendants were called to court, Mr. Su Donghai was noticeably absent. Justice Aluko then turned to Barrister Adeyoriju and inquired about the whereabouts of his client. Adeyoriju confirmed that his client was in China and promised that Mr. Su Donghai would be present at the next court hearing, scheduled for May 22, 2025.
The defence lawyer’s assurance, however, did little to quell the growing frustration in the courtroom. The prosecution’s lawyer, Barrister Ogalla, had raised concerns about the delay, pointing out that the case had been stalled several times due to various reasons, including the absence of crucial defendants. The AGF’s office had requested an adjournment for further preparations, but Adeyoriju opposed the request, claiming that the delay was largely caused by the prosecution’s failure to present the case earlier.
Justice Aluko did not take kindly to Barrister Adeyoriju’s objections. The judge immediately reprimanded the defence lawyer, saying, “It is your client who is stalling the arraignment, not the prosecution.” The court pointed out that Mr. Su Donghai’s absence was the primary reason the trial had not yet proceeded. The judge added that Adeyoriju’s arguments were not valid, given that his client was not present in the courtroom for arraignment.
The matter took a sharp turn when Barrister Ogalla, representing the prosecution, cited relevant sections of Nigerian law to further address the delays. According to Ogalla, under Section 174 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Attorney General of the Federation (AGF) has the power to take over cases from the police and continue prosecuting. He also referred to Section 66 of the Police Act 2020, which grants the police the power to prosecute cases.
Ogalla requested that the court either issue a bench warrant to compel the absent Mr. Su Donghai to appear in court or direct Barrister Adeyoriju to bring his client to court at the next adjourned date for the arraignment.
Justice Aluko took into account the submissions made by both the defence and the prosecution. He ruled that the arraignment of all the defendants would be postponed until May 22, 2025, and ordered Barrister Adeyoriju to ensure that Mr. Su Donghai would be present for that hearing. The judge made it clear that he would not tolerate further delays and insisted that the lawyer for the Chinese businessman must produce him in court.
The judge’s decision was clear,the law must take its course, and the accused, regardless of nationality, must face justice for the alleged crimes. Justice Aluko’s ruling effectively means that if Mr. Su Donghai fails to appear in court on the next date, the court could take further steps, including issuing a bench warrant for his arrest.
