Alleged N120m Fraud: Trial of Lawyer, 2 Others Adjourned Till May 22

The lawyer, Michael was charged before Justice Chukwujekwu Aneke led-court by the the Special Fraud Unit (SFU), of the Nigeria Police Force, Ikoyi-Lagos, on a six count-charge bordering on conspiracy, obtaining the sum of N120 million under false pretence, false presentation and forgery.

Charged alongside the lawyer are: Mukaila Fakos and Engineer Rasaq Sefiu Adesina, who are first and second defendants in a charge marked FHC/L/70c/17.

They were first arraigned before Justice Aneke on the charge on February 6, 2019.

Arraigning the defendants before the court, the prosecutor, Mr. Emmanuel Jackson, a Chief Superintendent of Police (CSP) and Officer-In-Charge of the Legal Department of SFU, said  the three men and others now at large, sometimes 2010, conspired among themselves with an intent to defraud, fraudulently received the sum of N120 million from one Lanre Obisesan, under the pretence of selling a land to him.

The defendants were also alleged to have falsely presented themselves to Lanre Obisesan of having the right, power and authority to sell the landed property located at 5c, Michael Ogun Street, GRA, Ikeja, Lagos, which belonged to Chief Idowu Musiliu Balogun.

They were also alleged to have forged a document titled “Special Resolution of Musbal Nigeria Limited”, ” Form CAC 7″ and a document titled “Consent Letter by Ayoola Fakos’.

The offences according to the prosecutor, Mr. E. A. Jackson, a Chief Superintendent of Police (CSP), are contrary to and punishable under sections: 8(a) and 1(3) of the Advance Fee Fraud and other related offences Act. No. 14, 2006. And section 2(c) of the Miscellaneous offences Act Cap. M17, Laws of the Federation of Nigeria, 2004.

The defendants had pleaded not guilty to the charge.

At the resumed hearing of the matter on Monday, the prosecutor, CSP Jackson told the court that the lawyer and the first defendant and the nominal complaints are making move of settling the matter amicably.

He told the court that the second defendant has not show any interest and it seems that he is slowing down the speed trial of the matter. The speed, Mr. Jackson told the court is the essence of Administration of Criminal Justice Act (ACJA).

Responding, counsel to the second defendant, Mr. Anachor informed the court of his client’s interest to join in the settlement.

Following the settlement move of the parties, both the prosecutor and defence team, asked court for a short date for more settlement move.

Consequently, Justice Aneke, adjourned the matter till May 22, for further hearing.

The charges against the defendants reads: Count one: “That you Mukaila Fakos, Engr. Rasaq Sefiu Adesina, Barrister Idowu Adebayo MichaeI, Babatunde Smith Adigun (at large) and Ajape (at large), sometimes in 2010, in Ikeja, Lagos, within the jurisdiction of this honourable court, conspired amongst yourselves, to obtain the sum of N120 million from one Lanre Obisesan, by false pretence that you had the power, right and authority to sell a landed property belonging to Mr. Idowu Balogun and Musbal Nig. Ltd, to him, when you were not authorized to do so by the true owners, being Mr. Idowu Musiliu Olalapc Balogun and Musbal Nig. Ltd and thereby committed an offence punishable under sections 8 (a) and 1(3) of Advance Fee Fraud and other Fraud Related offences Act No. 14 of 2006.

Amother count reads: “That you Mukaila Fakos, Engr. Rasaq Sefiu Adesina, Barrister Idowu Adebayo Michael Babatunde Smith (at large), Adigun (at large) and Ajape (at Large), sometimes in 2010, in Ikeja, Lagos, within the jurisdiction of this honourable Court, with intent to defraud, obtained the sum of N120 million from Lanre Obisesan, by falsely representing to him that you had right, power and authority to sell landed property at No. 5c Michael Ogun Street, Ikeja, G.R.A., belonging to Musbal Nig. Ltd and its Chief Executive Officer, Mr. Idowu MusiIIu Ololape Balogun and that the money represented the lawful purchase price for the property, which representations you knew to be false or did not believe to be true and thereby commuted an offence punishable under sections 1(3) of the Advance Fraud and other Fraud Related Offences Act No. 14 of 2006.

Another count reads: “that you MukaIia Fakos, Engr. Rasaq Sefiu Adesina, Barrister Idowu Adebayo Michael, Babatunde Smith (at Large), Adigun (at large) and Ajape (at Large), sometimes in 2010, in Ikeja, Lagos, within the jurisdiction of this honourable court, knowingly forged a document, described as, “Consent Letter by Ayoola Fakos”, with intent that it in any way be used or acted upon as genuine, whether in Nigeria or elsewhere, to the prejudice of any person and thereby committed an offence punishable under section 2(C) of the Miscellaneous Offences, Act Cap. M17, Laws of the Federation of Nigeria, 2004″.