Justice Sedoten Ogunsanya of Lagos High Court, has discharged and acquitted a former accountant with Chevron Nigeria Limited, Michael Adenuga of ₦5 billion fraud and forgery allegations.
Adenuga was discharged and acquitted by the judge of the three count charges of fraud brought against him by the Economic and Financial Crimes Commission (EFCC) which its trial lasted for 11 years.
In discharging and acquitting the accountant, Justice Ogunsanya while delivering judgment in suit marked marked ID/494C/14, held that the prosecution has failed to prove the charges beyond reasonable doubt.
The judge further held that allegation of stealing, conversion and forgery brought against the two defendants (Michael Adenuga and Covenant Apartment Complex Limited) cannot hold water.
Adenuga and his firm, Covenant Apartments Complex Limited (CACL) were arraigned before the court on May 15, 2014, alongside on a three-count charge bordering on stealing, fraudulent conversion of land, forgery of documents, use and presentation of forged documents to EFCC.
The freed man and his company were alleged to have committed the offences between September 2011 and February 2014 at Aiyetoro Ikota area of Lagos State. By converting to himself and his company about 22.687 hectares of land situated at Ikota, Lekki peninsula.
They were also alleged to have converted landed property measuring about 22.687 hectares, valued at N5 billion, for personal use after it had been purchased in partnership with Sunday Oyeniran, Joseph Oyeniran and Covenant Sugarland Property Development Company Limited.
The commission said the defendant’s alleged offences contravened Sections 278 (1) and 285 (b) of the Criminal Law of Lagos State of Nigeria 2011.
Both Adenuga and his company pleaded not guilty to all the count charges, hence their trial started on June 15, 2014.
During trial, the EFCC counsel, Babatunde Sonoiki, called eight witnesses who include: Sunday Kehinde Oyeniran of Prime Safeway Builders and chevron Nigeria Ltd, Oyeniyi Joseph Oyeniran former Engineer of Chevron Nigeria ltd, Bukola Olabiran of Kingview Reality, and Westford International, who testified for prosecution. While the defendants led-in-evidence by their counsels, Mr Ehis Agboga and Dr Muiz Banire (SAN) testified with four other witnesses in defending the suit.
In discharging and acquitting the accountant and his company of the charges, Justice Ogunsanya held that: “the onus is on prosecution to prove beyond reasonable doubt the alleged offences against the defendants”.
She also held there was no contention that the first defendant is the alter ego of the second defendant, the signatory to the second defendant account. It was in evidence that he obtained a loan of ₦1.8 billion from Wema Bank.
Final court’s decision: “The prosecution relied heavily on the evidence of Pw 1, 2, 3 and 4.
Pw4 had testified that he made the document on the instruction of PW2 and PW3. There was no nexus with the first defendant.
“The prosecution failed to establish that the document was forged. The prosecution failed to prove that the document was made with fraudulent intent. There was no confusion on the signature compare by Pw5.
“The prosecution conclusion was based on assumption, presumption and speculation which have no basis in law. The court considered all the exhibits before it. The evidence of the witnesses that the first, second and third prosecution witnesses have no interest in the land, the said subject matter.
“The prosecution has no adequate documentation to prove that the disputed land was owned by any individual other than the 2nd defendant, Covenant Apartment Complex Limited (CACL)
“The prosecution also failed to establish that the disputed document was made with fraudulent intent. He failed to proof that any transaction took place using the said forged document called contract of sale.
“The responsibility of the prosecution is to prove that the property is for another person.”
The judge further held that: “document before the court shows that the land in question was registered in the land registry. There was no document indicating that PW1, 2 and 3 were joint owner.
“The prosecution was unable to prove beyond a reasonable doubt to this court all the charges against the defendant. The court finds the defendant not guilty and hereby set free, discharged and acquitted.”
