Judiciary
A Federal High Court in Abuja, on Thursday, adjourned the trial of a lawyer, Chinedu Evaristus, and three others in the alleged N58M million fraud case until Jan. 15, 2025.
Justice Joyce Abdulmalik adjourned the case after F.N. Umoh, a lawyer from the office of the Attorney-General of the Federation (AGF), informed the court of the decision of her office to take over the matter from the police.
The Inspector-General (I-G) of Police had, in the charge marked: FHC/ABJ/CR/489/2024, sued Evaristus, Olakunle Blessing Fayomi, Kingsley Awodi James and Tabitha Kwon as 1st to 4th defendants respectively.
In the charge dated Oct 9, 2023, and filed Oct. 16, 2023 by F.G. Gabriel in the Legal/Prosecution Section at the Nigeria Police Force Headquarters, the defendants were preferred with nine-count charge.
In one of the counts, Evaristus, Fayomi, James, Kwon and others now at large were alleged to have, between May and June 2017 in Abuja, defrauded Engr Ocheakiti Ojoje the sum of N58 million.
The money was alleged to have been paid into a Zenith Bank account number: 1012207337, “bearing the account name: Evaruth Solicitors belonging to Barr Chinedu Evaristus, on false pretext to convey and perfect the sale of a property represented as plots 9 & 10, 37 Road, Gwarinpa Estate Il.”
The property is said to belong to the Academic Staff of Universities Union (ASUU), a representation they knew to be false and thereby committed an offence contrary to Section 1(1)(a) and punishable under Section 1(3) both of the Advance Fee Fraud and other Fraud Related Offences Act.
When the case was called for continuation of trial, Umoh announced her appearance as prosecution from the AGF, shortly after Gabriel had already announced his appearance as police prosecutor in the matter.
The police lawyer, while addressing the court, said though the matter was slated for hearing, he did not know the position of Umoh in the case.
“Because I am the substantive prosecution in this matter,” he added.
Responding, Umoh told the court that the AGF had indicated interest to take over the matter.
“We have written to the police. The office of the AGF had written to the police for a case file for further review.
“And I have been directed by my superior to take over the prosecution of this matter.
“Our application is predicated on Section 174(b) of the1999 Constitution.
“We have already communicated this to the police,”:she said.
Besides, Umoh said the AGF was reviewing the case with a view to amend the charge.
Justice Abdulmalik, therefore, adjourned the matter until Jan. 15, 2025 to allow the police and the AGF’s counsel reach an agreement on the prosecution of the case.
It would be recalled that Mr Evaristus is also facing a similar criminal charge before Justice Obiora Egwuatu of a sister court.
The I-G, in the charge marked: FHC/ABJ/CR/121/2018, accused Evaristus and three others of defrauding a woman the sum of N29 million and forging documents to sell an Abuja house.(NAN)
A.I
Nov. 7, 2024
Tags: Chinedu Evaristus
