The petitioner, ARC Marine & Civil Construction
Company Limited alleged that sometimes in September 2013 Orji, approached her
in the company of one Mr. Bimbo requesting to buy a vessel, MV DOLA with
registration No. IMO H. 6826793. After the negotiation, the parties agreed on
the sum of N140million (One Hundred and Forty Million Naira).
The two parties agreed that the vessel would be
handed over to Orji’s company after the sum of N80million (Eighty Million
Naira) is deposited for the vessel and issuance of post-dated cheque covering
the balance sum of N60million (Sixty Million Naira).
Upon the payment of the initial amount, the
vessel was handed over to his company, and it was agreed if by April 1, 2014 he
fails to pay the balance the vessel should be returned.
However, on presentation of Orji’s cheque in
bank, it was dishonoured on the grounds of insufficient funds.
Efforts made to get back the vessel or money
proved abortive.
One of the counts reads:
“That you, Valentine Orji being the Managing
Director of NAXPRO ENERGY AND SHIPPING COMPANY LTD on or about the 1st
day of December, 2013 at Warri, within the Judicial Division of this Court did
obtain credit for yourself by issuing a First Bank of Nigeria Plc Cheque No:
06833503 in the sum of N10,000,000 (Ten Million Naira) belonging to NAXPRO ENERGY
AND SHIPPING COMPANY LTD in favour of Arc Marine and Civil Contractors Ltd
which cheque when presented for payment within three months of issuance, was
dishonoured on the grounds of insufficient funds standing to your credit and
thereby committed an offence contrary to Section 1 (1) (b) of the Dishonoured
Cheque (Offences) Act, CAP. D11 VOL5 LAWS of the Federation of Nigeria Revised
Edition 2007.”
He pleaded not guilty to the charge.
In view of his plea, prosecuting counsel, M. T.
Iko, urged the court to fix a date to commence trial.
However, the defence counsel, Erikefe prayed the
court to grant the accused person bail.
Justice Onojovwo, granted the accused person
bail in the sum of N5million (Five Million Naira), and two sureties in like
sum. The sureties must be resident within Warri or Effurun jurisdiction with a
landed property to be verified by the bailiff of the court.
The judge ordered the accused person to be
remanded in prison custody pending the perfection of his bail.
The matter was adjourned to March 22, 2016 for
trial to commence.
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