By Lizzy Chirkpi
Justice K.A. Jose of the Lagos State High Court sitting in Tapa, Lagos, has sentenced five persons to seven years’ imprisonment each for their involvement in a N117.7 million fraud case involving Chi Limited.
The convicts are Yinka Salawu, Joshua Oluremi Daramola, Raji Ahmed, Afolabi Israel Olusegun and Muraina Olanrewaju Abdullahi.
They were prosecuted by the Lagos Zonal Directorate 1 of the Economic and Financial Crimes Commission (EFCC) on a six-count charge bordering on conspiracy to obtain money by false pretence, obtaining money by false pretence and forgery.
The court convicted the five defendants on three counts, while the second, third and eighth defendants were discharged and acquitted.
One of the counts alleged that the defendants, sometime in 2009 in Lagos, obtained N81,359,922 from Chi Limited under the false pretence that the money was payment for goods and services they had supplied to the company.
The charge stated that the defendants knew the representation to be false, thereby committing an offence contrary to Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
During the trial, the prosecution called 17 witnesses from the EFCC, Nigeria Police Force, banks and Chi Limited. Several documentary exhibits were also tendered before the court to establish the case against the defendants.
Following their conviction, prosecution counsel, M.S. Owede, urged the court to invoke Section 11 of the Advance Fee Fraud and Other Fraud Related Offences Act and order the convicts to restitute Chi Limited the sums contained in Counts Two and Three, totalling N117,755,061.
Owede also urged the court to order the sale of properties belonging to the first convict and remit the proceeds to Chi Limited, or, alternatively, for the properties to be forfeited outright to the company.
In her ruling, Justice Jose sentenced each of the five convicts to seven years’ imprisonment without an option of fine.
“The convicts will be given credit for the periods they have already spent in custody. All periods spent in prison shall be deducted from the seven-year terms imposed by the court,” the judge ruled.
On restitution, Justice Jose, relying on Section 297 of the Administration of Criminal Justice Law, ordered the convicts to restitute Chi Limited the sums contained in the charge.
“All monies already paid shall be deducted from the amounts to be restituted,” Justice Jose added.
The case stemmed from the defendants’ alleged receipt of N81,359,922 from Chi Limited under the false pretence that the money was payment for goods and services supplied to the company.
According to the prosecution, the defendants neither delivered the goods and services nor refunded the money to Chi Limited.