Kemisola Oye
THE Special Fraud Unit (PSFU) of the Nigerian Police Force, Ikoyi-Lagos, today, re-arraigned an oil marketer, Aleem Suleiman Olaitan, before a Lagos Federal High Court, on a four-count amended charge bordering on alleged obtaining by false pretence, operating of a phoney oil company and forging of several documents.
The oil marketer was first arraigned before the court on 8 March 2016, on two counts charge of false pretence and with intent to defraud, obtained the sum of One Hundred Thousand US Dollars ($100, 000.00), from a foreign company, Topkings Partner (HK) Limited.
The oil marketer had denied the charges and pleaded not guilty to the offences.
However, while the matter lasted, the PSFU, through its prosecutor, Mr Emmanuel Jackson, a Chief Superintendent of Police (CSP), had called his witnesses as well as tendered several exhibits, which were admitted by the court. While Defendant had equally given evidence to counteract the charge against him.
When the matter came up in January, Mr Jackson, who is also Head of the Legal and Prosecution Section, PSFU, informed the court of the amended charge against the defendant.
However, the lawyer to the Defendant, Mr Chimezie Victor Ihekweazu (SAN), vehemently opposed the prosecution’s application for not obtaining leave of court.
Upon the objection raised by the defence team, the presiding judge, Justice Abdulaziz Anka, ordered parties to file their addresses on whether the prosecution can amend charges without leave of the court.
However, Justice Anka, ruling on submissions of parties, after citing a series of legal authorities, dismissed the objection raised by the defence and held that the prosecution did not need the leave of the court to amend charges in criminal cases.
The judge consequently ordered that the amended charge be read to the Defendant to take his plea.
In the amended charge, the Defendant, who operates under the name and style of Alimity Obanisare Oil And Gas Nigeria Limited, was accused of inducing a company, Topkings Partner (HK) Limited, to enter into an alleged phoney contract with him and falsely claimed to be a reliable businessman who could supply crude oil to them in China, even as he allegedly falsely claimed that he was in a joint venture with NNPC.
He was also accused of fraudulently obtaining the sum of $100, 000.00 through his FCMB account, claiming that the money will be used to lift and ship the crude oil to the company in China.
The police also alleged that the Defendant directly converted to his use and benefit and to the use and benefits of other people, including his mother, Mrs Alimi Fausat, the sum of 100, 000 USD, property of Tokpings Partner (HIK) Limited, the sum he knew was the proceed of an unlawful act falsely obtained from Topkings Partner (HK) Nigeria Limited, through the medium of a phoney contract of supply of crude oil from Nigeria.
He was also alleged to have forged several documents which include: Letter of Authorization; Certificate of Quality; Certificate of Origin; Letter of Acceptance; Certificate of Compliance and a Letter of Introduction, purporting them to have emanated from NNPC and NNPC Joint Venture Operators in Bonny Island, Rivers State, which he allegedly used to defraud his victim, Topkings Partner (HK) Nigeria Limited.
CSP Jackson told the court that the offences contravened sections 1 (1) (b) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section 1(3) of the same Act; and Section 15(2)(b) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15 (3) of the same Act.
The prosecutor also said the offences contravened Section 465 of the Criminal Code, Cap C 38, Laws of the Federation of Nigeria, 2004 and punishable under Section 467 of the same Code; and Section 468 of the Criminal Code, Cap C 38, Laws of the Federation of Nigeria, 2004 and punishable under Section 467 of the same Code.
The Defendant pleaded not guilty to the amended charge.
Upon the defendant’s plea, Barrister Kenechi Agazie, who stood in for Ihekweazu (SAN), told the court that since the prosecution had added new counts to the charge, they will need to cross-examine the fourth prosecution witness in the matter.
But the Prosecution told the court that it has closed its case with the adoption of its address after the defence might have closed its case being the only outstanding issues.
Consequently, Justice Anka, while granting the defence request to recall the witness, adjourned the matter to 19 June, for the continuation of defence.
Eighteen-Eleven Media