Juliana
Francis
Mr Onovo Osita Malachy on Wednesday was convicted by a
Federal High Court sitting in Benin City, Edo State.
The convict was arraigned by the Economic and Financial
Crimes Commission, EFCC, Benin Zonal Office.
Malachy was arraigned on a one-count charge bordering on
obtaining by false pretence. He was said to have fraudulently obtained the sum
of $140,000 from a foreigner through a love scam. Upon arraignment, the defendant pleaded
“guilty” to the charge.
The charge reads: "That you Onovo Osita Malachy on or
about 4th day of July 2017 in Benin Edo State within the jurisdiction of this
honourable court, did by means of fraudulent trick to wit: love scam on a
dating site obtained the sum of $140,000 only from Helen Wang and thereby
committed an offence punishable under Section 421 of the Criminal Code Act CAP
C38 Laws of the Federation of Nigeria, 2004."
Based on his plea, the prosecuting counsel, Larry Aso Peters,
prayed the court to convict and sentence the defendant accordingly.
The defence counsel, I. U. Uchechukwu pleaded with the court
to temper justice with mercy as the defendant, “has become remorseful.”
Justice A. A. Demi-Ajayi sentenced the defendant to 12 months
imprisonment. The convict is also to forfeit all assets traced to him including
an uncompleted building and a Toyota Camry 2007 model to the Federal Government
of Nigeria.
In another development, the EFCC on Wednesday also arraigned
Ola Olu Olakunle for an alleged N5.2million fraud.
Olakunle was arraigned before
Justice Oluwatoyin Taiwo of the Special Offences Court sitting in Ikeja, Lagos
on a seven-count charge of stealing, inducement, possession of documents
containing false pretence and forgery to the tune of N5, 296, 655, 17.
One of the counts reads:
“ That you, Ola Olu Olakunle (aka Idris Musa Isa) sometime in November 2012, at
Lagos within the Ikeja Judicial Division, with intent to defraud, induced Union
Capital Markets Limited to transfer 150,000 units of First Bank Nigeria shares
on the fake representation that you are Idris Musa Isa, the owner of the said
shares, which representation you knew to be false and thereby committed an
offence contrary to Section 1(1) (b) of the Advance Fee Fraud and Other Fraud
Related Offences Act, 2006.”
Another count reads:
“That you, Ola Olu Olakunle (aka Idris Musa Isa) sometime in 2012 at Lagos
within the Ikeja Judicial Division, dishonestly converted for your own use the
sum of N5, 296, 655, 17 property of Idris Musa Isa and committed an offence
contrary to Section 285(9) of the Criminal Law of Lagos State, 2011.”
He pleaded not guilty to
the charges preferred against him.
The Acting Head, Media & Publicity, Tony Orilade, said: “In
view of his plea, the prosecution counsel, M. S. Usman, prayed the court for a
trial date and asked that the defendant be remanded in prison custody.”
Counsel to the defendant,
O.O. Ogunjimi, however, objected the prayers of the prosecution seeking that
his client be remanded in prison custody.
Ogunjimi informed the
court of a bail application dated January 8, 2019 and also prayed the court to
admit his client to bail in the most liberal terms on health grounds.
He further urged the
court to remand the defendant in the EFCC custody pending the perfection of his
bail if granted.
In his response, the
prosecution counsel, Usman, opposed the bail application of the defence with a
17-paragraph affidavit deposed to by Abdullahi Tukur, an operative of the EFCC.
Also attached were two
exhibits that were relied on as arguments.
Usman submitted that in
the likelihood that bail was granted, the defendant should be remanded in
prison custody pending the perfection of his bail “because the Commission no
longer has jurisdiction over the defendant since his plea has been taken.”
Justice Taiwo granted the
defendant bail in the sum of N2m and two sureties in like sum.
One of the sureties must
be a civil servant of Grade Level 15 and must provide a letter of introduction
and pay slip.
The second surety must be
a blood relative with an affidavit of proof and tax clearance in the last two
years.
The Judge also ordered
that the sureties must provide proper identification, which will be verified by
the EFCC and the court orderly.
Justice Taiwo adjourned
the matter to February 8, 2019 and also ordered the defendant to be remanded in
the EFCC custody pending the perfection of his bail conditions.
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