Nigeria: court dismisses serial fraudster, Emmanuel Nwude’s application for bail
Lagos, June 22, 2018 (AltAfrika)-For the third time, Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos, Nigeria on Thursday dismissed an application for bail filed by Emmanuel Nwude, a serial fraudster.
Nwude alongside Emmanuel Ilechukwu and Rowland Kalu were, on March 2, 2018, arraigned on a 15-count charge bordering on forgery and dealing in forfeited property.
One of the counts reads: “That you, Emmanuel Nwude, Emmanuel Ilechukwu and Rowland Kalu, on or about 12th day of January 2011, at Lagos within the Ikeja Judicial Division, conspired to forge a Power of Attorney dated 12th day of January 2011, issued in the name of Mankris Venture Limited purporting that Mankris Venture Limited is the owner of Plot Y, Mobolaji Johnson Street, Oregun, Alausa Lagos, whereas you knew that the property was forfeited to the victims of crimes as restitution in the judgment delivered in 2005 by Honourable Justice Joseph Oyewole in ID/92c/04- FRN vs. Emmanuel Nwude & Six Others and the victims subsequently sold the property to Rossab Industrial Design Limited and Rossab Industrial Limited later assigned to G.C. Nweze and Company Limited and committed an offence contrary to Section 467(2)(m) of the Criminal Code Law Cap C17, Lagos State, 2003.”
In the application dated June 8, 2018, counsel to Nwude, Emeka Okpoko, SAN, is seeking an order of the court to admit his client to bail based on what he described as “changed circumstances.”
The defendant is also seeking an order of the court to be granted bail on liberal terms, pending the conclusion of the trial, adding that the application would allow him to travel for his medical check.
However, counsel to the prosecution, Nnemeka Omewa, filed an eight-paragraph counter-affidavit with a written address, which was adopted as his argument against the application.
Nnemeka further told the court that the application, which is the third, was based on what the defendant called “changed circumstances”, adding that “we looked at the background of the application and found out that nothing had changed in all the applications brought before the court.”
He also told the court that the medical report presented by the applicant was “a purported report, which was neither signed nor dated, and has no practice value.”
In her ruling, Justice Dada said the application before her was the third argued by different counsel, including Okpoko, who argued the third application.
She further held that “the only difference in the application is the purported medical report, which is unreliable.
“It is highly regrettable that Chief Emeka Okpoko, SAN, wants the court to grant bail to an ex-convict, who had served a jail term.”
She, therefore, dismissed the application for lack of merit.
The case was adjourned to October 3 and 5, 2018 for continuation of trial.
|—N14.1m Fraud: Court Dismisses Ex-Perm Sec, Clement Onubuogo’s No-Case Submission|
Justice Oluwatoyin Taiwo of the Special Offences Court sitting in Ikeja, Lagos on Thursday dismissed a no-case submission filed by Clement Illoh Onubuogo, a former Permanent Secretary in the Ministry of Labour and Productivity.
Onubuogo is facing trial on a three-count charge bordering on stealing by conversion and conversion of property to the tune N14,176,000.00(Fourteen Million, One Hundred and Seventy-six Thousand Naira).
Onubuogo, who was responsible for supervising numerous programmes such as the Subsidy Reinvestment and Empowerment Programme (SURE-P), allegedly awarded fictitious contracts to himself, using his personal company and friends.
The prosecution had, on March 7, 2018, closed its case against the defendant, following the cross-examination of the fourth prosecution witness, PW4, Theresa Braimoh, a retired Director in Productivity, Measurement and Labour Standard Organization.
At the last adjourned sitting, counsel to the defendant, Bolaji Ayorinde, SAN, had told the court that there was nothing linking his client to the charges preferred against him by the prosecution.
He had, therefore, urged the court to strike out the case on the grounds that the prosecution could not establish a prima facie case against his client.
In his response, however, the prosecution counsel, Rotimi Oyedepo, had told the court that the prayer of the defence amounted to contesting the obvious.
Oyedepo said: “The evidences of the four prosecution witnesses and the legally admissible evidences marked and admitted as exhibits A to F are enough to link the defendant to the charges preferred against him by the EFCC.”
Oyedepo further told the court that the defendant transferred public funds to the tune of N14, 176,000.00 from NIMASA to his company, Clement & Bob Associate’s account for personal use, instead of retiring the money to NIMASA, adding that “in the extra- judicial statement made by the defendant, he admitted that he is the owner and signatory to the account of Clement & Bob Associate and that the company does not have any contract or business transaction with NIMASA.”
At the resumed hearing today, the Judge, in her ruling, held that the prosecution had been able to establish a prima facie case against the defendant and therefore ordered him to enter his defence.
Consequently, Justice Taiwo adjourned the matter to September 19 and 20, 2018 for the defence to open its case.