Court Jails Two Internet Fraudsters 2 Years in Benin City
Justice Efe Ikponmwonba of the Edo State High Court, Benin City, Edo State on June 16, 2021 convicted and sentenced the duo of Ohiaka .O. Henry (a.k.a Henryjarus) and Emmanuel Chigozie (a.k.a Frank Maxwell) to two (2) years imprisonment for fraud.
Chigozie and Henry were arraigned by the Benin Zonal Office of the Economic and Financial Crimes Commission on a separate one count charge of impersonating foreign nationals in an attempt to defraud the unsuspecting victims.
The charge against Chigozie reads: “You Emmanuel Chigozie ( a.k.a Frank Maxwell ) on or about the 22nd of February, 2021 at Kash Mamodu Street, Ekhei Girls Secondary School Road, Auchi Edo State within the jurisdiction of this Honourable Court did with intent to defraud falsely represented yourself as one Frank Maxwell ( a white male) by using a Gmail account address FrankMaxwell47@gmail.com. an act of impersonation contrary to section 484 of the laws of Bendel State of Nigeria ( as applicable in Edo State ) 1976 and punishable under the same section.”
The charge against Henry reads: “that you Ohiaka O. Henry on or about 7th March, 2021 in Edo State within the jurisdiction of this Honourable Court, being a citizen of Nigeria , did with intent to defraud, falsely represented yourself as henryjarus (an American citizen ) with email: sgthenryjarus@gmail.com by sending fraudulent mails and pictures on hangout to Anna Vajciova , Natalie Cabell ( some white ladies ) which documents you claim emanated from the said (henryjarus) and hereby committed an offence of impersonation contrary to section 484 of the Criminal Code law, Cap 48 laws of Bendel State of Nigeria ( as applicable in Edo State ) 1979 and punishable under the same law.”
They both pleaded guilty to the charges when they were read to them.
In view of their pleas, the prosecution counsel, Austin .A. Ozigbo asked the court to convict and sentence the defendants accordingly. However, counsel to the defendants, Pascal Ugbome, pleaded with the court to temper justice with mercy as the defendants have become remorseful for their actions.
Justice Ikponmwonba convicted and sentenced Chigozie to two years imprisonment or a fine of N200,000 while Oshioke Henry was convicted and sentenced to two years imprisonment or a fine of N100,000.
The convicts are also to forfeit their phones to the Federal government of Nigeria.
Court Adjourns for Adoption of Final Address in Femi Adesina’s Impostor, Suspected KWASU Fraudster Cases
Justice Mahmud Abdulgafar of Kwara State High Court, Ilorin, at a resumed sitting on pending cases on Wednesday adjourned till June 30, 2021 for adoption of written addresses in a fraud case involving a self-styled herbalist, Jamiu Isiaka, who allegedly impersonated the Special Adviser to the President on Media and Publicity, Femi Adesina and a former Group Managing Director of the Nigerian National Petroleum Corporation, NNPC, Maikanti Baru, to defraud a South-Korean National, Keun Sig Kim, to the tune of N30million.
The judge also fixed July 8, 2021 for adoption of final written address by counsel in a case bordering on internet fraud involving one Atoyebi Ayodeji Blessing, a student of the Kwara State University, KWASU, Molete.
The two cases are being prosecuted by the Ilorin Zonal Office of the Economic and Financial Crimes Commission, EFCC.
Count one of the charge against Jamiu reads: “That you, Jamiu Isiaka (a.k.a Femi Adesina) between the month of April and September 2018 in Ilorin, within the jurisdiction of this Honourable Court, with intent to defraud, did obtain the total sum of $88,521,041 (Eighty Eight Thousand, Five Hundred and Twenty One Dollars, Forty-one cents] from a Korean National, Keun Sig Kim by false pretences that the monies was for the procurement of NNPC approval/marketing form and license certificate to buy crude oil in Nigeria, facts which you knew to be false and thereby committed an offence contrary to Section 1 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section 1(3) of the same Act.”
When the case involving Jamiu was called today, his counsel, S .H Ishola, informed the court that his client was not ready for his defence and asked for an adjournment.
“My Lord, the defendant is here in court, but he informed me that he is not ready for his defence, I urge my Lord to obliged us another date”, he said.
Responding, counsel to EFCC, O. B Akinsola, reminded the court of its earlier ruling where the judge ordered that, “the case of the defence would be closed at the next adjourned date if he fails to open his defence at the next proceeding”.
Justice Abdulgafar in the circumstance said, “It is clear to this Honourable Court that the defendant is not interested to enter any defence. In view of this, the case of the defendant is hereby closed”
Consequently, the judge adjourned for adoption of written address by both parties.
The defendant had at various times failed to open his defence or defend the allegation brought against him by the EFCC.
For Atoyebi, the judge adjourned for adoption of final address by counsel after the defence led by Dr. Joshua Olatoke, SAN, informed the court of the intention of the defendant to close its case after the DW1 was discharged from the witness box.
The count against him reads: “That you, Atoyebi Ayodeji Blessing (alias Sophia Bambi), sometime in January 2021 or thereabout at Ilorin, Kwara State within the jurisdiction of this Honourable Court knowingly had in your possession some documents, in form of email chats, containing false pretence where you represented yourself to be one Sophia Bambi, a white female with gmail account: sophiabambi8@gmail.com who wanted to have paid sex with one Dalton Gilmore as it is contained in your gmail account: sophiabambi8@gmail.com and thereby committed an offence contrary to Section 6 and punishable under Section 8 and 1 (3) of the Advance Fee Fraud and Other Related Offences Act.”
Ex-Bank PHB MD, Atuche Jailed Six Years For N25.7bn Fraud
After 12 years of trial that witnessed many twists and turns, the Economic and Financial Crimes Commission, EFCC, on Wednesday, June 16, 2020, finally secured the conviction and sentencing of Francis Atuche, a former Managing Director of the defunct Bank PHB Plc ( now Keystone Bank), to six years imprisonment for N25.7bn fraud before Justice Lateefat Okunnu of the Lagos State High Court, Ikeja.
Justice Okunnu in a judgment that lasted over ten hours, also sentenced the defunct bank’s former Chief Financial Officer, CFO, Ugo Anyanwu, to four years imprisonment. The duo were convicted on 6 of the amended 27-count charge of conspiracy to commit a felony and stealing preferred against them by the EFCC.
The Judge however discharged and acquitted Atuche’s wife, Elizabeth on the grounds that the Commission failed to link her to the crime as suspicion could not take the place of fact. The judge held that the prosecution could not prove that she was aware of the source of the funds she received from her husband.
The EFCC had, in 2011, arraigned Atuche, his wife and Anyanwu, for conspiracy and stealing to the tune of N25. 7bn. They pleaded not guilty to the charges preferred against them, thereby leading to their full trial.
About three years into their trial, Atuche and his co-defendants approached the Court of Appeal, Lagos Division, challenging their trial by the lower court for lack of jurisdiction.
The Appellate Court, in a judgment delivered in September 2016, had stopped the lower court from going ahead with the trial.
Though the Appeal Court refused the defendants’ prayer to squash the charges against them, it ordered Justice Okunnu to hands-off the trial and further directed the Chief Judge of Lagos State to re-assign the case to another judge.
Dissatisfied by the ruling, the EFCC approached the Supreme Court to set aside the decision of the appellate court and order continuation of trial in the matter.
During the hearing at the apex court, counsel to the defendants, Kemi Pinheiro, SAN, stated that the case had gone far at the lower court, adding that the appellate court’s decision had prolonged the speedy conclusion of the trial.
In a unanimous decision, a panel of the apex court, overturned the decision of the appellate court. Justice Ejembi Eko, who prepared and read the lead judgment of the apex court, held that the September 23, 2016 order of the Court of Appeal directing the Chief Judge of Lagos State to re-assign the case to another judge ran out of sync with justice.
The apex court panel further held that the appellate court failed to give any reasons for disqualifying the trial judge, Okunnu.
The Supreme Court, therefore, directed that the case be returned to Justice Okunnu for continuation of trial of the defendants.
Delivering her judgment today, the judge held that the EFCC has successfully proved its case against the defendants beyond reasonable doubt.
She upheld the arguments of Pinheiro, who prosecuted the case with the fiat of the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami.
Pinheiro had opposed Atuche’s contention that the stolen funds in dispute were loaned and not stolen.
The Judge held that “The 1st Defendant confirmed the bank’s ownership of the money when he said the bank in lending money makes a profit
“I am persuaded by the statement of Pat Utomi that ‘The bank still has control over money that’s left in its coffers, no matter who uses it.
“Helen Eriyo, who is the account officer of Petosan, being unaware of the loans granted, lends credit to the testimony of Mr. Ololo that he was not aware of the loan.
“The 1st and 3rd defendants did not debunk the evidence of the prosecution that the loans were used to purchase shares. They rather contended that the monies granted as loan could be used for whatever purposes.”
Consequently, the judge held that Atuche and Anyanwu abused their powers, and positions to confer undue financial benefits on themselves without regard to the health of the bank. ”The convicts stole from the bank and depositors and because of their action, taxpayers money was used to bail out the bank,” the judge noted.
She added that, though she acknowledges the pleas of the defendants, there must be consequence for bad behaviour. She therefore convicted and sentenced the the first defendant, Atuche to six years imprisonment and third defendant, Anywanwu to four years imprisonment. They are to serve their jail terms consecutively.
Media & Publicity
16 June, 2021
