Elixir Asset Management Limited and Elixir Investment Partners Limited, along with two of their directors, have been dragged before the Federal High Court sitting in Ikoyi, Lagos, on allegations of fraud of over N3 billion.
Elixir Asset Management Limited, Elixir Investment Partners Limited, Clara Bittinger Mshelia-Whyte and Sarah Ogbemudia were arraigned for promoting an unregistered market product, the Elixir Treasury and offering the same to the investing public.
In a four-count charge brought against the companies and their promoters by the Federal Republic of Nigeria, they are accused of offering for subscription an unregistered product, ‘Elixir Treasury Product’ valued at over N3 billion to the investing public, including Toyota Nigeria Ltd, Kaduna Industrial and Finance Company and others.
According to the charge, the defendants are alleged to have committed a felony to wit: with the common intent conspired among themselves together with Samuel Aikhonbare, Christopher Edordu and their other staff, to do an illegal act by luring the investing public, including Toyota Nigeria Limited and others by offering them an unregistered product called ‘Elixir Treasury Product’ and thereby committed an offence contrary to and punishable under Section 516 of Criminal Code Act Laws of the Federation of Nigeria, 2004.
The defendants are also alleged to have conspired among themselves to do an illegal Act- diversion of Investment funds belonging to the investing public, including Toyota Nigeria Limited, Kaduna Industrial and Finance Company and others and thereby committed an offence contrary to and punishable under Section 516 of Criminal Code Act Laws of the Federation of Nigeria, 2004.
“That you, Elixir Investment Partners Ltd and Clara-Bittinger Mshelia-Whyte, both of No. 95 Medical Guild Close, V/I Lagos, on or between the year 2019 and 2021 within the jurisdiction of this honourable court did commit a felony to wit: diversion of investment funds to the tune of N3,213,700,150 belonging to the investing public, including Toyota Nigeria Limited, Kaduna Industrial and Finance Company and others. You thereby committed an offence contrary to and punishable under section 383 (2) (f) of Criminal Code Act, Laws of the Federation of Nigeria, 2004 and punishable under Section 390 (7) of the same Act,” the charge stated.
However, the defendant, Mshelia-Whyte and Ogbemudia failed to honour the court invitation, which made the presiding judge, Justice Yellini Bogoro, grant the wish of the counsel from the Office of Attorney General Moshood Adeyemi, to issue the defendant criminal sermon and set a date for the next appearance for July 11, 2023.
In her words, Justice Bogoro said, “The Court will grant the request of the Prosecution and issue a criminal summon to be served to the defendant for arraignment.
“I am rescheduling the next hearing for July 11, 2023.”
On March 1, 2023, a summon charge was issued to the accused to appear for the hearing on March 10, 2023. Unfortunately, the accused persons did not appear at that first hearing which led to the adjournment of the hearing to May 9.
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