Admin l Friday, May 5, 2023
IKEJA, Lagos – A Domestic and Special Offences Court sitting in Ikeja today sentenced a businessman, Hilary Ogbobe to 10 years imprisonment for obtaining of N12, 440,000.00 million under false pretense.
The judge found Ogbobe and his company, Marine Mayor Limited guilty as charged.
Justice Mojisola Dada however discharge and acquitted his wife, Ogbobe Dorothy Ijeomo of the charge (the 3rd counts charge).
The Economic and Financial Crimes Commission (EFCC), had arraigned the defendants on a three counts charge bordering on conspiracy to obtain and obtaining money by false pretence and misdemeanor, contrary to section 8(a) and 1 (3) of the Advance Fee Fraud and Other Related Offences Act No 14 of 2006 and section 414 of the Criminal Law of Lagos State.
They had pleaded not guilty to the charges when they were arraigned on March 15, 2019 by the EFCC. The trial commenced and the prosecution called two witnesses who testified against the defendants. The prosecution witness, (PW1)’ Ezugwu Christopher Aniebonan in his evidence narrated to court how Ogbobe fraudulently obtained the money from him through Marine Mayor Limited Zenith Bank account.
” He called me and told me there is a Dreger for sale by Lagos State Government and UBA that he wants to buy and scrap that I should help him to raise #12million, that he would raise #8 million.
On July 22,2016, I paid #2million into his account with Zenith Bank Account name, 3rd defendant. In August 12, w016, I paid another #5 million into his account. I then called to inform him and he told me that he was in Enugu and when he comes back we shall see.”
The witness further testified that when Ogbobe came back, he told him that the dredger had been sold to another person and that he had used part of the money. He told court how traumatic it was for him because there was much pressure from the person he got the money from.
” He did not assent to our agreements, the money was not paid and his body language and attitude was that I can’t do anything.”
However, Justice Dada found Ogbobe and his company, Marine Mayor Limited guilty and were sentenced to 7 years imprisonment on count one. On count 2; the judge sentenced the businessman to 3 years imprisonment, ordered the company to pay a fine of N5,000,000.00 within 30 days of the judgment. The judge therefore discharge and acquitted wife (Ijeomo) of misdemeanor.
The court held that, “on count three against the 3rd defendant which alleged that she is an Accessory after the fact to a misdemeanor under section 414 of the Criminal Law of Lagos State, supra is incompetent because the crimes already proved against the 1st and 3rd defendant not misdemeanor but clear felonies.”
The judge held that the charge against her fails and she is consequently discharge and acquitted. “The 3rd defendant is hereby ordered to be wound up and all it’s asset and properties forfeited to the Federal Government of Nigeria after full restitution to the nominal complainant.”
Justice Dada in held that the elements of stealing under Section 278 (2) (f) of the Criminal Law of Lagos State supra are well established against the Hilary Ogbogbe and the company notwithstanding that the total money fraudulently obtained from the complainant may have now been fully paid back, though not proved in the case.
The judge said that it is obvious that the convicts deceived the complainant in obtaining his money under false pretence and fraudulently converted same to their personal use with the intention to permanently deprive him of the totality of the N12,441,000.00 The court emphasised that the case against the convicts goes beyond breach of contract for which they should be liable to pay the N10 million profit alleged therein as profit.
The court subsequently sentenced Ogbobe to 7 years imprisonment on count 1 which is the minimum prescribed under Section 1 of the Advance Fee Fraud and Other Related Offences Act supra.
On count 2; the judge sentenced the businessman to 3 years imprisonment while ordering the company to pay a fine of N5,000,000.00 to be paid within 30 days of the judgment. Sentence to run concurrently.
