Lawyers, Nwude Sent To Prison Over Alleged Fraud, Forgery
Justice Mojisola Dada of the Lagos State High Court in Ikeja on Friday remanded two lawyers, EmmanueI IIechukwu and Rowland Kalu in prison custody over allegations of fraud and forgery.
The two lawyers, who have 29 years experience at the bar, were arraigned before the court along side Emmanuel Nwude, a convicted fraud kingpin by the Economic and Financial Crimes Commission (EFCC) on 15 count criminal charge.
They were accused of ‘conspiracy to forge contrary to Section 516 of Criminal Code Law, Cap C17, Laws of Lagos Stat, 2003.
According to the EFCC, the three defendants ‘on or about 12th day of January, 2011 at Lagos within the Ikeja judicial division conspired to forge a Power of Attorney issued in the name of Mankris Venture Limited purporting that Mankris Ventures Limited is the owner of plot Y, Moboaji Johnson street, Oregun, Alausa, Lagos.
Whereas they knew that the property was forfeited to the victims of crimes as restitution in the judgement delivered on 18th November 2005 by Hon. Justice Olubunmi Oyewole in ID/2cl/04, FRN V Emmanuel Nwude and 6 Others and the victims subsequently sold the property to Rossab Industrial Design Limited which later assigned to G.C. Nweze and Company Limited.”
The charge further stated that the defendants ‘knowingly and fraudulently uttered a forged Power of Attorney on January 26, 2011 dated January 12,2011,’ made ‘document without authority contrary to Section 473(1) of Criminal Code Law of Lagos State, deal with forfeited property without authorization contrary to Section 32 (1) of the Economic and Crimes Commission Establishment Act, 2004.
Other alleged offences were, ‘transfer of forfeiture property to nominees contrary to Section 17 of the EFCC Establishment Act, 2004, making false statement to public officer contrary to Section 96 of the Criminal Law of Lagos State, 2011, conspiracy to pervert cause of justice, fabricating evidence, and giving false testimony under oath.’
The defendants however pleaded not guilty to all the charge.
Counsel to the 2nd and 3rd defendants (the lawyers) urged the court to grant them bail on self-recognition, arguing that the defendants are both lawyers with 29 years experiences each ‘without blemishes whatsoever.’
He further argued that since the ‘defendants have no valid international and have been at the custody of EFCC for 11years, they will not jump bail.’
In the event they were denied bail, he urged the court to remand them in EFCC custody.
He also urged the court to grant the first defendant (Nwude) bail because, ‘ he is suffering from prostate cancer and will go for surgery on March 8, 2018
The prosecution counsel, Nnaemeka Omewa, in his argument disagreed that the defendants be remanded in EFCC custody.
He argued that ‘the law is clear that once a defendant takes his plea, he should be remanded in prison custody.’
“As for bail, this is a criminal matter. The essence of bail is to ensure the defendant stand his trial. In the event the court wants to grant them bail, the conditions should be the one that will make them stand trial and not jump bail,” he said.
The judge thereafter granted the second and third defendants bail in the sum of ‘N200,000 with sureties in like sum, owner of a property within Lagos metropolis, two years tax clearance, a sworn affidavit, ‘while the defendants must submit their call to the Bar certificate
The matter was adjourned till March 6 for hearing of bail application of the first defendant and March 14 for trial
The court ordered they be remanded in prison custody till when they will perfect their bails.
