To restitute money received in 90 days
Admin I Saturday, May 11, 2024
IKEJA- A Special Offences Court sitting in Ikeja on Friday sentenced an estate agent, Mr. Peter Nwogu-Anucha, to three years imprisonment for stealing N700,000 from a prospective tennant.
Justice Rahman Oshodi held that prosecution was able to prove the charge of stealing proffered against the convict and his company, Business Defense Solutions Ltd beyond reasonable doubt.
Oshodi said the evidence before the court showed that the complainant, Mr Obinna Ukpabi, indicated interest in leasing a property from the convict through a realtor.
He said that they both signed a Memorandum of Understanding in which the complainant paid the sum of N700,000.
“However, contrary to your representations, you had no legal interest in subleasing the property and even more egregious, after collecting the money, you became incommunicado and never delivered possession of the property to the victim as agreed or refunded the money.
“You dissipated the money on July 27, 2010, the same day you received it, all evidence points to the inescapable conclusion that you obtained this money with the dishonest intention of permanently depriving the victim of it.
“You have been standing trial for this offence for several years since you were first arraigned in 2018.
“Your lawyers contributed to the delay by failing to attend to court or being unwilling to proceed with the trial,” he said.
The judge, however, said the trial length could not detract from the severity of the offence and its impact on the victim.
Oshodi said he also considered that the convict was in the custodial centre for a similar offence before another court of coordinate jurisdiction.
He said the convict had habitually engaged in fraudulent schemes to trick unsuspecting victims of their hard-earned money.
“The sentence he will impose must reflect the need to prevent the convict from further engaging in criminal conduct that wreaked financial and emotional havoc on innocent citizens.
“At sentencing, you showed no remorse, no regret for your crime and considering all the above factors, I now sentence you to three years imprisonment starting from March 12, 2018, the date of your remand by this court.
“As an artificial legal person, I now impose a fine of N500,000 on the second convict, Business Defense Solutions Ltd., which must be paid within 90 days of this judgment.
“If the company fails to pay the fine within the stipulated time, its assets will be sold, and the proceeds will be forfeited to the Federal Government.
“The convict shall make restitute the sum of N700,000 in favour of the complainant and the sum must be paid within 90 days from the day of this judgment.
The judge added that the sentence was without prejudice to other cases pending before different courts of coordinate jurisdictions.
The prosecution called three witnesses namely; First City Monument Bank representative, Harrison Ebishue (PW1), an estate surveyor, Mrs Nkeiruka Njike (PW2), and the Investigating Officer (IO), Nwikega Gbinekanu (PW3).
The convict, however, testified as a sole witness for defence.
