Justice Sedoten Ogunsanya of Lagos High Court sitting at Ikeja has discharged and acquitted a former accountant of Chevron Oil Company, Michael Adenuga of N5 billion fraud and forgery allegations.
Justice Ogunsanya discharged and acquitted him of the three-count charge of fraud brought against him by the Economic and Financial Crimes Commission (EFCC).
Delivering judgment in suit marked ID/494C/14, Justice Ogunsanya held that the prosecution did not prove the allegation of stealing, conversion and forgery allegation brought against the defendant beyond reasonable doubt.
Adenuga was arraigned on May 15, 2014 alongside his company, Covenant Apartments Complex Limited on a three-count charge bordering on fraudulent conversion of land, forgery of documents and use of false documents.
The defendants were alleged to have committed the offence between September 2011 and February 2014 at Aiyetoro, Ikota area of Lagos State.
He was accused of converting to himself about 22.68hetres of land situated at Ikota Peninsula, Lagos.
The defendants were alleged to have converted landed property measuring about 22.687 hectares, valued at N5 billion, for personal use after it had been purchased in partnership with Sunday Oyeniran and Joseph Oyeniran under the name of another company.
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The commission said the defendant’s alleged offences contravened Sections 278 (1) and 285 (b) of the Criminal Law of Lagos State of Nigeria 2011.
But Adenuga and his company pleaded not guilty to the charge and the trial commenced in the matter on June 15, 2014.
During trial, the prosecution counsel, Babatunde Sonoiki called eight witnesses amongst who was Sunday Oyeniran who while the defendant led-in-evidence by his counsel, Mr Ehis Agboga testified with other four witnesses for the defence.
Justice Ogunsanya, delivering judgment in the matter, held that the onus was on prosecution to prove beyond reasonable doubt the alleged offences brought against the defendants.
She held that there was no contention that the first defendant is the alter ego of the second defendant and the signatory to the second defendant account.
“It was in evidence that he went to obtained loan of ₦1.8 billion from the Wema Bank.
“The prosecution relied heavily on the evidence of Pw 1, 2 and 3. The Pw4 had testified that he made the document on the instruction of the pw3. There was no nexus with the first defendant.
“The prosecution failed to establish that the
document was forged. The prosecution failed to prove that the document was made with fraudulent intent. There was no confusion on the signature compared by Pw5.”
“The prosecution conclusion was based on assumption or speculation which has no basis in law. The court has considered all the exhibits before the court. The evidence of the witnesses. The first, second and third prosecution witness have interest in the land, the subject matter.
“The prosecution has no adequate documentation to prove that the disputed land was owned by any individual other than the defendant.
“The prosecution failed to establish that the disputed document was made with fraudulent intent.
There a lot of transaction took place without any documentation. The
responsibility of the prosecution is to prove that the property is of another person.”
Justice Ogunsanya further held that the the document before the court shows that the land in question was registered in the land registry. There was no document that pw1, 2 and 3 were joint owner.
“The prosecution is unable to prove beyond a reasonable doubt to this court all the charges against the defendant.
“The court finds the defendant not guilty and hereby discharged and acquitted”, the court held.