A suspect, Kabiru Mohammed who was on Tuesday arraigned by the Economic and Financial Crimes Commission, EFCC for issuing a dud cheque to his partner, Hajiya Aishatu Abubakar as balance payment for some vehicles supplied him has denied any culpability in the business transaction, describing his arraignment by the anti-graft agency as unfair.
Kabiru who spoke through his lawyer, Bar Umar Faruk Ahmed maintained that there was no basis for the EFCC to have arraigned his client as the transaction was purely civil and has since been resolved by the parties involved.
According to Bar Ahmed, ‘the purported cheque was neither presented by the drawee nor rejected by the bank. As such, there couldn’t have been any case of dud cheque. Also, there is documentary evidence signed by the nominal complainant, Hajiya Aishatu Abubakar acknowledging the receipt of her money (balance and final payment) from the counsel on behalf of the accused.’
Bar Ahmed also stated that there is documentary evidence written by the lawyer to the nominal complainant, Hajiya Aishatu Abubakar to the EFCC Chairman acknowledging the receipt of the said payment in full and consequently withdrawing the case from the EFCC.
Ahmed, in raising some posers, wondered the grounds the EFCC has now decided to arraign his client in court. ‘When is a cheque said to be a dud or a bounced cheque? A cursory look at the cheque reveals that the cheque was never presented to the bank. So on what ground did the EFCC took Kabiru to court?’ the lawyer queried.
PM news checks revealed that the nominal complainant, Hajiya Aishatu Abubakar had approached the EFCC when she was apprehensive that Kabiru, who unknown he her had travelled out of the country on a business trip soon after taking delivery of the vehicles became inaccessible on phone and would not be available in time to make the balance payment. She would present a post-dated cheque issued her by the accused for an earlier and different transaction, which has since been cleared to the anti-graft agency. However, Kabiru would immediately upon his return from the trip make good his promise by paying the balance of the transaction and was appropriately acknowledged. Correspondence between the counsel to Aishatu, Nicholas O. Eku of Nicholas Chambers and the EFCC Chairman and dated 3 April, 2013 reveals that the money was actually received and instruction was given to the EFCC for the withdrawal of the case.
“It is our instruction to formerly inform you of our Clients resolve to withdraw the said complaint before you. The decision is predicated on the amicable settlement now reached by the parties leading to the payment of the total sum owed her by the accused person and the excessive pressure mounted on her by her family” The letter stated.
Source: PM News
