N66m fraud: Court overrules former presidential candidate’s bid to stop trial

Justice B. O. Quadri of the Federal High Court, sitting in Port Harcourt, Rivers State, on Wednesday, November 11, 2015, overruled a preliminary objection filed by G.I. Abibo, SAN, in a case involving a former presidential candidate of the Hope Democratic Party, HDP, Chief Ambrose Ambrose Owuru, who is being prosecuted by the Economic and Financial Crimes Commission, EFCC, for a phony land deal to the tune of N66, 000,000.00.

Owuru was on August 2, 2013 arraigned before the late Justice Suleiman Aliyu of the Federal High Court, Port Harcourt, River State, on a five-count charge bordering on uttering, forgery and obtaining money by false pretence to the tune of N66, 000,000.00.

The complainant had alleged that he paid the sum of N60,000,000.00), through a Skye Bank account, to the accused person for a property located on Nzimiro Street, Amadi Flat , Port Harcourt, River State sometime in March ,2011.

He also alleged that he could not take possession of the property, as the accused person had allegedly sold it to one Chief Austin Omire.

He further stated that the accused person allegedly collected additional N6, 000,000.00 (Six Million Naira) from him to ‘‘settle’’ Omire.

One of the counts reads: “That you, Ambrose Owuru, on or about the 7th day of March 2011 at Port Harcourt, Rivers State, within the jurisdiction of this honourable court, with intent to defraud did obtain the sum of N60,000,00  from Ikechukwu Eze on the pretence that you have sold to him four (4) plots of land situated at Plot 44A, Amadi Layout- Port Harcourt ,a pretext which you knew to be false and thereby committed an offence contrary to section 1(1) (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under section 1(3) of the same Act”.

Another count reads; “That you, Ambrose Owuru, on or about the 7th day of March 2011 at Port Harcourt, Rivers State, within the jurisdiction of this honourable court, did alter a forged Certificate of Occupancy” dated 20th of March 1990 purportedly issued by the Rivers State Lands and Survey covering Plot 44A Amadi Layout, Port Harcourt and thereby committed an offence contrary to section 1(2) ( c ) of the Miscellaneous Offences Act CAP M17 of the Revised Edition (Law of the Federation of Nigeria) 2007, and punishable under section 1(2) of the same Act.”

The accused person had pleaded not guilty to the charges when they were read to him.

At the last sitting, the defend counsel had raised a preliminary objection before the late Justice Aliyu to quash the charges preferred against the accused person on the grounds that he already had a civil matter against him (the complainant) in another court.

However, while delivering his ruling today, Justice Quadri overruled the preliminary objection filed by the defence counsel, on the grounds that the criminal trial would not obstruct proceedings in the said civil matter.

Justice Quadri adjourned the matter to February 1, 2016 for commencement of trial.

Also,

The Economic and Financial Crimes Commission on Wednesday November 11, 2015 arraigned One Mr. Peter Agha, before Justice F.A Olubanjo of the Federal High Court, Umuahia, Abia State on a two count charge of Fraud, Forgery,Stealing and Obtaining Money by false pretence to the tune  of N4,000,000.00.

Agha, a banker with one of the new generation commercial banks was alleged to have forged the signature of one of the bank’s> customers, closed the account and transferred N4m to his personal account in another financial institution without the customer’s consent.

One of the counts read: “That you Peter Agha on or about January 2009, in Abia State, within the jurisdiction of the Federal High Court of Nigeria with intent to defraud obtained the sum of N4,000,000.00 from Ogbonna Nicodemus Okolo through Access Bank Account when you falsely represented to him that the above amount will be invested in a Fixed Deposit Account with a commitment to pay him interest, which pretence you knew to be false and you thereby committed an offence contrary to section 1(1)(a) of Advance Fee Fraud and Other Related Offences Act”.

The accused person however pleaded not guilty to the charges preferred against him.

In view of the accused person’s plea, the prosecuting counsel, Chukwuma Eneh applied for a trial date.

The defense counsel, Harison O. Okakpuon however made an oral bail application for his client.

The matter was adjourned to November 18, 2015 for hearing of bail application, and the accused person remanded in EFCC custody.