Kenisola Oye
THE trial of Emmanuel Monye, Malz Rendezvous, and Anpre Creations Ltd, on a 14-count charge bordering on conspiracy to obtain money by pretence, obtaining by pretence, stealing by conversion, forgery, and using false documents, before Justice Mojisola Dada of Special Offences Court sitting in Ikeja, Lagos continued on Tuesday, 6th June 2023 with the Economic and Financial Crimes Commission (EFCC) presenting its fourth witness through whom several documents were admitted in evidence against the defendants.
Monye was initially standing trial alongside Adebayo Oluwatosin, Corbufina West Africa Ltd, Harrow Milford Nigeria Ltd, and SBA Commercial Logistics Limited. They were slammed with a 14-count charge bordering on conspiracy to obtain money by pretence, obtaining by pretence, stealing by conversion, forgery, and using false documents to the tune of N332,924,375.
They initially pleaded “not guilty” to the charges. However, in the course of the trial, the second (Oluwatosin) and sixth defendants (SBA Commercial Logistics Ltd), opted to change their plea following a plea bargain agreement and were accordingly convicted as charged.
Corbufina West Africa Ltd and Harrow Milford Nigeria Ltd were also struck out of the counts as they were not available to be served with the charges, thus necessitating an amendment to the charges.
Led in evidence by counsel for the EFCC, Nnaemeka Omewa, the witness, Chimezie Ezinne, an operative of the EFCC, who identified the defendant in the dock, narrated how the EFCC received a petition from Fewchore Finance Company Ltd on the alleged fraud.
“The Commission received a petition from Fewchore Finance Company Ltd on the alleged fraud, which was assigned to my team for discrete investigation,” he said.
He further told the court that investigation into the alleged fraud revealed that the defendant “paraded himself as a Finance Consultant“, and used the guise to defraud his victims.
“He gave them the impression that he had the ability to source for funds, in other words, loan,” he said.
Thereafter, he identified the confessional statement of the defendant to the EFCC, and several correspondences between the EFCC and Zenith Bank, Access Bank, FCMB, and Corporate Affairs Commission (CAC).
Thereafter, the prosecution sought to tender the documents.
The counsel for the defendant, James Alara, however, raised objections to the admissibility of the said confessional statement.
“I object to the admissibility of the confessional statement sought to be tendered on the ground that it was not voluntarily made,” he said.
He however raised no objection to the admissibility of the other documents sought to be tendered by the prosecution.
Thereafter, Justice Dada admitted the other documents as exhibits against the defendants.
The case has been adjourned till Tuesday, 26 and 27, September 2023 for trial-within-trial to determine the voluntariness of the alleged confessional statement.
Count one reads: “Emmanuel Monye, Olutosin Omokore (at large), Peter Umunna Okoye (at large), Iroko Ahamefula Uche (at large), Adedamnola Oluwaferni Jaiyeola (at large), Mals Rendezvous, and Anpre Creations Ltd, between June – October 2020 within the jurisdiction of this Honourable Court conspired amongst yourselves to obtain a loan under pretence from Fewchore Finance Company Ltd.”
Another count reads: “Emmanuel Monye and Anpre Creations Ltd on or about 27th July 2020 within the jurisdictíon of this Honourable Court with intent to defraud did obtain the sum of Thirty Million Naira (N30,000,000.00) only from Fewchore Finance Company Ltd under the pretence that the money was for part finance and execution of contract obligations with Samco Panache Multiconcept Ltd in supplying and installing of digital sanitisers/dispenser booth in different locations in Abuja which pretence you knew or ought to know to be false.”
Another count reads: “Emmanuel Monye, on or about 30th June 2020 within the jurisdiction of this Honourable Court with intent to defraud did obtain the sum of Twenty Million Naira (N20,000,000.00) only from Fewchore Finance Company Ltd for the benefit of GTG International Projects Ltd under the pretence that the money was to part finance the execution of contract obligations with Harrow Milford in supplying and installation of 50 units of luxury single Jacuzzi SP1023 to Biltmore Estate, Cadastral Zone, Lokogoma, Abuja which pretence you knew or ought to know to be false.”
Count seven reads: “Emmanuel Monye, Peter Umunna Okoye (at large), Ahamefula Uche Iroko (at large) and Adedamola Oluwafemi Jaiyeola (at large) between July – October 2020, within the jurisdiction of this Honourable Court dishonestly converted to your own use the sum of One Hundred and Thirty-Six Million Naira (N136,000,000) only property of Fewchore Finance Company Ltd.”
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