The Bayelsa State Police Command has dragged four
bankers before a Federal High Court, sitting in Yenagoa, over alleged diversion
of the sum of N33.7million.
The N33.7million is said to be a compensation
ordered to be remitted by the Nigerian Agip Oil Company (NAOC) following a
ruling on oil spillage damages at Azuzuama Community in Southern Ijaw Local
Government Area of the state.
According to the police, the order of the court, allegedly
violated through the diversion of fund, was a Garnishee Order Absolute, which
was made against the bank and Agip to pay the ordered N33.7 million to the court
and failure of which the judgment creditors levy execution.
The four bankers, identified as Mr. Ndubuisi Ogu, 42,
John Iyinbo, 58, Mr. Iheaka Onuoha, 43 and Okwesili Ugochukwu, alleged to be at
large and the bank, were dragged before the court on a five count charge of
conspiracy, fraud, theft and unlawful diversion of fund.
The charge sheet, with suit number FHC/YNG/46/2016, prepared
by the Prosecuting Deputy Superintendent of Police, F.N Agwu, states that the
four accused bankers and the bank, allegedly conspired among themselves to
defeat the execution of an order of the court and thereby committed an offence
contrary to and punishable under Section 518 of the Criminal Code Act, Cap.C38,
Laws of the Federation of Nigeria, 2004.
The charge states: “That at about 6pm on same day,
the accused did unlawfully by false pretenses and with intent to defraud, caused
the reversal of N33, 699,450.00 already credited to the bank account of the
registrar of the Federal High Court, Yenagoa domicile at Fidelity Account
Number 60200007721 and thereby committed an offence contrary to and punishable
under section 419 of the Criminal Code.
“ That on the same date and at about 5.46pm, the
accused with intent to defraud sent electronic message to the Central Clearing
Group, stating that there was an existing order of interlocutory injunction
from the Court of Appeal, Port Harcourt, Rivers State restraining the bank from
paying the issued Manager’s cheques, an information which was false and caused
unlawful reversal of the sum of N33.699 million credited to the account of the
registrar, thereby committed an offence contrary to and punishable under
section 14(2) of the Cybercrime (prohibition, prevention)Act, 2015.”
Barrister Kelvin Ezinna Ejelonu, Counsel to the
Azuzuama Community, described the suit filed against the bankers as “justified.”
He noted that the case would liberate the
benefitting community from the unbridled oppression, suppression and downright
wickedness of an Oil company, Agip to the host community, with the alleged aid
of their bankers and police officer attached to the Legal Department of the force
headquarters in Abuja.
According to Ejelonu, although the missing
N33.7million compensation money was ordered to be paid to the affected indigenes
of Azuzuama community due to the negative impact of the multiple oil spills
between 2004 and 2006, but instead of Agip to pay compensation as ordered, they
connived with some persons and took the money. The money did not reach any of
those affected by the spill till date.”
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