Judge Advises EFCC On Prosecution Of Cases

Justice Lateefat Okunnu of the Lagos High Court on Wednesday advised the Economic and Financial Crimes Commission (EFCC) to do a “thorough study of petitions filed by complainants before proceeding to court.”

Okunnu gave the advice while delivering judgment in a suit instituted by EFCC against a clearing agent, Caleb Onwudinjo.

The judge discharged Onwudinjo, 50, of the six-count charge of obtaining money by false pretence preferred against him by the anti-graft agency.

She described Onwudinjo’s prosecution as “a waste of tax payers money,” adding that he ought to be compensated for his travails.

Okunnu said EFCC failed to thoroughly investigate the claim by the petitioner, Mrs. Ifeoma Okereke, before charging the matter to court.

The agency on December 16, 2009 charged Onwudinjo for allegedly obtaining N2.7 million from Okereke under the guise of helping her pay for a container.

The container, which was to be auctioned by the Nigerian Customs Services at Ikorodu Terminal, contained a used Honda Accord car and other items.

Okereke, an employee of Bank PHB Plc (now Keystone Bank), had claimed that the accused swindled her by making a false claim that she would be given the container.

However, Onwudinjo testified that the money she paid was collected by Customs officers as “underhand” payments to give her an edge over other bidders.

He had maintained that he gave N2.6 million to a retired officer, Pius Abayomi, who facilitated the inspection of nine containers by the complainant to give her an edge in the bid.

The accused had claimed that the transaction failed, following the transfer of some of the officers and Okereke started demanding for a refund of her money.

Onwudinjo had also debunked the claim by the complainant that she gave him N5 million, insisting that only N2.7 million was paid into his Bank PHB account.

In her judgment, Okunnu said Okereke’s testimony was inconsistent, full of half-truths and blatant lies, aimed at misleading the court.

“The supposed victim was part and parcel of the underhand dealings because she was told from the beginning the processes involved in the transaction.

“The payments she made were not official payments. She was aware that any money involved in such transactions ought to be paid into the account of the Nigerian Customs Services with her bank.

“She had claimed that she paid N5 million to the accused only to admit that the amount involved in the transaction was N2.7 million when she was confronted with documentary evidence,” she said.

Okunnu said the three other witnesses called by the prosecution led by Mr. Ben Ubi were not reliable witnesses because they were not personally involved in the investigation.

She further said that the purported allocation documents which Okereke claimed were given to her by the accused were not tendered before the court.

“The failure to produce the documents weakens the case of the prosecution. I did not find any fraud.

“The prosecution has failed to substantiate its charge against the accused.

“The case is hereby dismissed and the accused stands discharged and acquitted,” the judge held.