Judiciary
A Kuwaiti businessman, Mr Tawfeeq Al-Omar, who was allegedly defrauded 4.8 million dollars by Nigerians on Tuesday refused to answer questions put to him through Skype video call by defence counsel during cross-examining.
Al-Omar via Skype video call told Justice Mojisola Dada of an Ikeja Special Offences Court that she should determine who was being untruthful from his previous testimony before the court.
The Kuwaiti businessman was allegedly defrauded by two Nigerian businessmen – Victor Uadiale and Everest Nnaji.
The News Agency of Nigeria (NAN) reports that Al-Omar who had previously visited Nigeria to give evidence in court as the first prosecution witness (PW1), was again recalled to be cross-examined following an application filed by the defence counsel on April 2.
He, however, opted to be cross-examined via Skype video call as he was unable to travel to Nigeria due to ill-health.
As he was about to be cross-examined by Mr Olalekan Ojo (SAN), counsel to Uadiale, Al-Omar, said he wanted to address the judge.
After the judge obliged him, Al-Omar said “I have said all that have to say when I came to court and I have presented all the documents.
“I need the judge to determine who is lying. I do not have anything to say again, I do not have anything else to add or delete.’’
Al-Omar following his appeal to the judge, also refused to answer any questions from Ojo.
Reacting to the refusal of the witness to answer questions, Ojo said, “We cannot subvert this case in the interest of justice. I pray that it is put on record that PW1 (Al-Omar) was not produced for cross-examination.’’
Mr Rotimi Oyedepo, the lead counsel to prosecution – the Economic and Financial Crimes Commission (EFCC) – however, opposed Ojo’s request.
“I apply that the witness be put on record that he gave evidence online and that he said that he had previously said everything he needed to say to the court,’’ Oyedepo said.
Mrs Abimbola Akeredolu (SAN), counsel to Nnaji, in her reaction said that Al-Omar’s actions had denied her the right provided by Section 157 of the Administration of Criminal Justice Law (ACJL) to cross-examine him.
She also filed an application that the international passport of Nnaji be released to him to enable him make a business trip to Abu-Dhabi.
Justice Dada adjourned the case to Dec. 16 for hearing of the bail application and Jan. 27 and 28 for continuation of trial.
NAN reports that Uadiale and Nnaji were on March 22, re-arraigned by the EFCC on five counts of conspiracy to obtain money by false pretences and obtaining money by false pretences.
According to Oyedepo, Uadiale who goes by the alias Victor Emeka and Amaka Emeka committed the offences of conspiracy obtain money by false pretences alongside Nnaji and one Ismaila Lawal in 1997 and 1998 in Lagos.
“Uadiale and Lawal between Feb. 24 and March 19 1997, with intent to defraud, obtained an aggregate sum of 93,250 dollars from Tawfeeq Al-Omar, a Kuwaiti national.
“The funds were received under the false pretences that it represented the payment for 50,000 metric tonnes of Urea (phosphate fertiliser) which they claimed was procured from National Fertilizer Company of Nigeria (NAFCON).
“On Aug. 11, 1997 in Lagos Uadiale and Lawal fraudulently obtained 282,500 dollars from Al-Omar under the false pretences that the money was payment for 75,000 metric tonnes of diesel procured from the Nigeria
National Petroleum Corporation (NNPC).
“Between Nov. 25 1997 and May 18, 2006, Uadiale and Nnaji in Lagos, obtained an aggregate sum of 3.5 million dollars from Al -Omar under the pretence that the funds was payment for bonny light crude diesel.
“Also, between Jan. 17, 2007 and Feb. 8, 2011, Uadiale solely obtained 945,000 dollars from Al-Omar by falsely claiming that the money was payment for bonny light crude diesel,’’ Oyedepo said.
According to the EFCC, the offences contravene Section 1(3) and 8(a) of the Advance Fee Fraud and other Fraud Related Offences Act 1995. (NAN)
– Nov. 26, 2019 @ 17:25 GMT |
Tags: Alleged $4.8m fraud: Kuwaiti begs court via Skype to determine truth
