The Economic and
Financial Crimes Commission, EFCC, on February 20, 2017 arraigned one Marcel
Amadi, before Justice Dugbo Oghoghorie of the Federal High Court Enugu, Enugu
State for operating a financial institution without any valid license
contrary to Section 2(1) of the Banks and Other Financial Institutions Act, Cap
B3, Laws of the Federation, 2004 and Punishable under Section 2(2) of the
same Act.
Amadi, who is facing a
three-count charge is also being prosecuted for issuing a dud cheque to the tune of N25,100,000.
It was alleged by a
petitioner that Amadi offers financial services to clients through his company,
M. A. and Sons Commission Agents Nigeria which though registered with an Enugu
Magistrate Court, was not registered with either the state government or
the Central Bank of Nigeria (CBN) to
operate such financial business.
Investigations by the
EFCC however, revealed that he was a "money lender", who collects
money from clients at an agreed interest rate and lends out such funds to other
clients also at an agreed interest rate.
His travail began when
after over a period of three months, he stopped the payment of interest on a
N25million invested in the business by the petitioner and could not also refund
the principal amount.
It was further revealed
that in order to ward off pressures from his creditor, the accused
person who had held the invested fund since 2010, issued six cheques to the
complainant all of which were retuned unpaid for insufficient funds.
The accused pleaded not
guilty to the charges.
One of the counts read:
"That you, Mr.
Marcel Amadi (TRADING UNDER THE NAME AND STYLE OF M.A AND SONS
COMMISSION AGENTS NIG) between 2005 to 2015 at Enugu within the
jurisdiction of Federal High Court of Nigeria, carried on banking business by
accepting cash deposits from members of the public without a valid license from
the Central Bank of Nigeria and thereby committed an Offence Contrary to
Section 2(1) of the Banks and Other Financial Institutions Act, Cap B3 Laws of
the Federation, 2004 and Punishable under Section 2(2) of the same Act."
In view of his plea, the
prosecuting counsel, Rotimi Ajobiewe asked for date for commencement of trial.
The defense counsel, I. M.
Ugwu, pleaded that his client continues with the administrative bail earlier
granted him by EFCC.
Justice Dugbo granted
the prayer of the defence and adjourned to March 14, 2017 for trial to
commence.
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