From Nweke Nweke, Awka
The Chairman of Nigeria International Bank Limited (CITIBANK), Chief C. S. Sankey; its former Managing Director, Emeka Emuwa (now Managing Director of Union Bank Plc) and its Legal Adviser/Company Secretary, Mrs. Olusola Fagbure have been summoned to appear before a Federal High Court 5, Holding in Ikoyi, Lagos, state over a N10.7b criminal charge preferred against them and 14 others by the federal government of Nigeria.
The accused persons are to appear in the court presided over by Justice I. N. Buba on Monday (January 25) as the bank officials were issued a writ of summon. The issuance of the writ of summon and its service to the accused persons was sequel to an approval by President Muhammadu Buhari for the Attorney-General of the Federation, AGF and Minister of Justice, Abubakar Malami (SAN )to relist the case and begin a fresh charge against the accused persons for allegedly defrauding the federal government, and an Onitsha-based business mogul cum Chairman/Managing Director of Micmerah Group of Companies Limited, Chief Michael Emerah of undisclosed huge sums of money sometime in 2001 under the pretence of assisting him to import luxury buses and new motor spare parts.
In the writ of summon, made available to Journalists at Awka; the AGF also ordered the restoration of the Attorney-General’s fiat earlier granted to the prosecution counsel, Chief Chris Uche (SAN) to prosecute the case on behalf of the federal government but was dropped by the former AGF, Adoke when he discontinued with the case in 2011.
The order came as a result of the action of the immediate past Attorney-General of the Federation, AGF under former President Goodluck Jonathan, Mohammed Adoke (SAN) who entered a notice of discontinuance (Nolle prosequi) of the case in May 2011 and at the same time withdrew the fiat granted to the prosecution counsel, Chris Uche (SAN).
In a letter conveying Buhari’s order to the Deputy Director of Prosecution of the Federation, DDPF in the Federal Ministry of Justice, M. Abdullahi stated that Buhari’s order to re-open the case for the interest of justice was in line with his administration’s change mantra and his determination to revisit all high profile fraudulent cases, aimed at stamping out corruption within the system in all facet of the nation’s economy.
In the conveyance letter, dated August 10, 2015 and captioned: “Re: Petition against the fraudulent withdrawal of criminal charge No. FHC/CR/122/08 between: Federal Republic of Nigeria Versus Nigeria International Bank Ltd(CITIBANK) and 16 others, the DDPF quoted a strongly worded petition written to Buhari by the complainant, Emerah as saying that it was suspicious that the former AGF, Adoke (SAN) who earlier advised Jonathan to prosecute the accused persons in court, later turned round to enter a notice of discontinuance (Nolle prosequi) and at the same time withdrew the AGF’s fiat already granted to the prosecution counsel, Uche.
The federal government’s action might not be unconnected with the strongly worded petition from the complainant, Chief Emerah to Buhari, complaining bitterly that the case was discontinued in a corrupt manner.
The complaint, it was gathered, prompted an advice from the DDPF to order the reopening of the case in the interest of justice, since the case at hand is a contentious one, going by the petitions and counter-petitions in the file, adding that since the office of the present AGF is convinced that there is sufficient evidence to prosecute the matter, the proper venue to determine the interests of the parties should be in the court to give every party fair hearing
The complainant, had in the petition to the Mr. President, alleged that Uche’s fiat to prosecute the case on behalf of the federal government was fraudulently withdrawn by the former AGF, Adoke who equally entered the notice of discontinuance (Nolle prosequi) in a corrupt manner..
Based on the order for the reinstatement of the charge and restoration of the federal high court Lagos, the prosecutor slammed a fresh 20-count-charge of conspiracy, diversion of federal government’s revenue into their private pockets, fraud, falsification of documents, making of forged documents, corrupt enrichment, obtaining property under false pretense, fraudulent invasion of duty, conspiracy to steal, conspiracy to commit felony and untrue declaration against the accused persons.
In the fresh charges already filed before the court, the prosecution, (Federal Republic of Nigeria) mentioned other accused persons as Peter H. Harris, Adekunle Oladosun, Okechi Emeka Egwu, Lulu Ndubuka, Kabiru Bello, J. E. Eriagbon, (a principal staff of Central Bank of Nigeria, CBN); Samson Ebie, Steve Obodomechine, Mikky Dons Nigeria Limited, Mark Anaele, Chief Ariyo Oyowole Odunala, Peter Bamidele Oriade and Obianwa Chuba.
In the suit, No. FHC/L/547C/15, the prosecution alleged that the accused persons had on or about January 31, 2001 at Lagos state within the jurisdiction of the Federal High Court, induced Micmerah International Agency Limited, by means of false pretenses and with intent to defraud, delivered to themselves through the CITIBANK, the sum of about N250 million under the guise of being used for offsetting the purported import finance facility.
The prosecution also alleged that the accused persons had on the same date and venue, conspired to commit an offence to wit: to induce Micmerah by means of false pretence and with intent to defraud, to deliver the sum of N55 million to Mikky Dons Nigeria Limited being money meant for payment of Customs Duty on four Volvo Luxury buses and two 40-feet containers imported into Nigeria by the said Micmerah International Agency Limited.
The prosecution further alleged that the accused persons knowingly falsified an affidavit purported to have been sworn to by one Tawa Ibikunle on April 11 2003 before Lagos State High Court of justice for the purpose of fraudulently affecting the release of four Volvo Luxury buses and two 40-feet containers from Nigeria Customs and Exercise Department.
With the AGF’s fiat to Uche, the prosecution headed to the Federal High Court where the accused persons were further charged in count eight for allegedly making forged document, namely Union Bank of Nigeria plc, Customs’ revenue receipt Nos. CRR: 092802, 092803, 092804, 092805 and 092700 for the sum of N55m knowing it to be false and with intent that it may be acted upon as genuine and also to defraud Micmerah International Agency Limited and the Federal Government of Nigeria.
They were also charged for conspiracy to contribute to the economic adversity of the Federal Government of Nigeria by diverting the sum of N55m to themselves, being money meant for the payment of Customs duty in respect of four Volvo luxury buses and two 40-feet containers, property of Micmerah International Agency Limited, adding that they equally obtained the amount by means of false pretenses, attempted to evade the payment of same amount into Government coffers and conspired to steal and corruptly enrich themselves with the same N55 m.
According to prosecution, the charge further reads;, “that you, Nigeria International Bank Limited (formerly CITIBANK), Chief C.S. Sankey ‘M’, Emeka Emuwa “M”, Peter H, Harris “M”, Adekunle Oladosun “M” Oluchi Emeka Egwu “F”, Lulu Ndubuka “F”, Kabiru Bello “M”, Mrs. Olusola Fagbure “F”, Samson Ebie “M”, and Steve Obodomechine “M”, all of No 1 Idowu Taylor Street Victoria Island Lagos, and Mikky Don Nigeria Ltd of 32-33 Rail Line Iponri Ebute Metta Lagos, Mark Anele “M”, of Akure Road lju Ajuwan Agege Lagos, and Obianwa Chuba ‘M’ of No. 10 Adeyemi Street Okokomiako Lagos on or about the 31st day of January 2001 at Lagos state within the jurisdiction of the Federal High Court committed an offence to wit-obtained, with intent to defraud the sum of N55m from Micmerah International Agency Limited under false pretence that you would use the money to effect payment of Customs duty on four Volvo luxurious buses and 40-feet containers imported into Nigeria by the said Micmerah International Agency Limited. The offences”
The prosecution stated, were contrary to sections 419 and 516 of the criminal code act cap C38, laws of the Federation of Nigeria 2004, sections 161(1)(a) and 162 (a)(b) of the Customs and Exercise Management Act and punishable under section 161(3) of the same Act and sections 1 and 2 (1)(2)(d) of the recovery of public property special provisions Act CAP R4, Laws of the Federation of Nigeria 2004 and punishable under section 10(1 )(2) and (3) of the same Act.
