By Dwelleth Morountodun
Justice C. C. T. Adiele, of the Abia State High Court 2, in Umuahia, has ruled that Mr. Ikechukwu Onuh, Managing Director of Consolidated Business Network Limited and his company, who is a crony of former Abia State Commissioner for Finance and Economic Planning, Dr. Philips Nto, should refund N550 million amassed as a result of fraudulent activities to the Abia State Government.
Pursuant to the refund, the Independent Corrupt Practices and Other Related Offences Commission (ICPC), had in a criminal case instituted against the former Commissioner and Onuh, and his company respectively; accused of conspiracy and contravening sections 16, 19 and 26 (1) of the Corrupt practices and Other Related Offences Act, 2000.
Nto, was therefore charged for using his position as a commissioner to confer corrupt advantage on his associates in this case, Onuh and his company when he authored some letters introducing the 2nd and the 3rd defendants to Keystone Bank Plc, on which basis the sum of N700 million belonging to Abia State Government was paid into their account with the same Keystone Bank Plc.
Counsel to ICPC, Enosa Omoghibo, in the course of the trial informed the court of how the 2nd and 3rd defendants only remitted the sum of One Hundred and Fifty Million Naira (N150,000,000) out of the said amount to the State Government’s account while holding on to the remaining balance.
The prosecution further proved how the sum of N549 million was eventual transferred to a certain Bureau De Change account in exchange for the dollar equivalent.
While putting up his defense, the 1st defendant called in a forensic expert witness who established that the letter purportedly authored by him on which basis the 2nd and 3rd defendants received the said sum of Abia State money into their account were forged as they were not authored by him.
However, the prosecution counsel in a swift move shifted focus from the defendants to the money, and relying on Section 47 (1) (b) of the Commission’s enabling law, prayed the court for order of refund and forfeiture of the said sum of Five Hundred and Fifty Million Naira (N550m), to Abia State government.
He argued that the learned trial Judge should convict the 2nd and 3rd defendants of the lesser offence of acts “constituting a felony, to wit: forgery which is contrary to and punishable under sections 13 and 14 of the Act, which sections 223 and 229 of the Administration of Criminal Justice Act, 2015 endorses.
The trial judge while delivering judgement on the matter discharged and acquitted the defendants.
He however agreed with the prosecution that he has proved beyond reasonable doubts the said sum of Five Hundred and Fifty Million Naira (N550,000,000) is property of Abia State government and not the defendants.
In view of the above, the judge ordered the 2nd and 3rd defendants to refund and forfeit the said money to Abia State Government within 30 days from the date of the judgment.
The Commission has set in motion machineries for the recovery and refund of the money to Abia State Government.