Man Bags 8 -Years Jail For Defrauding Chinese Of $222,633
Justice Sendoten Ogunsanya of the Lagos State High Court sitting in Igbosere on Tuesday convicted and sentenced a businessman, Chike Obiakor, to eight years imprisonment for defrauding a Chinese manufacturer, Davis Jin Guoshi, of $222,633.
Justice Ogunsanya sent Obiakor to prison after she found him and his company, CNC Industries Ltd guilty of obtaining the sum under false pretence from Guoshi, the Managing Director of a luggage manufacturing firm, Shanghai Sumlo, in 2012.
The judge sentenced the convict to one-year imprisonment for stealing, and seven years for obtaining money by false pretence.
The sentences will run concurrently, meaning that Obiakor will spend seven years in jail.
In her judgment the court held that the offences contravened sections 273 and 285 0f the Criminal Law of Lagos State, 2011.
She also held that the Economic and Financial Crimes Commission (EFCC) “proved by cogent and credible evidence the guilt of the Defendants beyond reasonable doubt” two of the three-count charge.
Justice Ogunsanya stated that, “The totality of the evidence by the parties show that the defence is an afterthought to cover up the fact that the defendants wanted to obtain goods by false pretence.
“This is a very cowardly and wicked act on behalf of the first defendant who was invited to China, hosted and accommodated by the complainant, yet chose to repay him with evil despite his plea that his house was about to be sold and sister-in-law had to serve a prison sentence. The defendant ignored his plight and failed, refused or neglected to pay him his money.”
She directed the prosecutor to recover the money from Obiakor.
The judge said “The EFCC is ordered to ensure that the sum of $222,633 is recovered from the property of the defendants and paid to the petitioner Mr. Jin Guoshi.”
Justice Ogunsanya, however, held that the EFCC did not prove a count of issuance of dishonoured cheque against Obiakor.
Prior to the sentencing, Obiakor pleaded for a soft landing.
But Justice Ogunsanya disregarded his plea.
The judge held: “I have listened to the allocutus of the defendant counsel to temper justice with mercy. He is a business man with no criminal record.
“It is people like the defendant that have given Nigerian businessmen a bad name and a distasteful reputation internationally such that every genuine Nigerian is viewed as a potential crook.”
The EFCC arraigned the defendant on June 7, 2018 on an amended charge dated May 25, 2018.
The commission had told the court that following Obiakor’s failure to secure a visa to China, he met Guoshi in London and firmed up a luggage supply agreement, whereby Obiakor would sell Shanghai Sumlo luggages in Nigeria and send the proceeds to the Chinese company.
Obiakor took delivery of two containers of luggages in Lagos, sold them and paid the manufacturer.
Guoshi took a loan to finance the manufacture of the 16 containers of luggages which Obiakor requested for next, but the Nigerian failed to send the proceeds of the sale, totalling $222,633.
Guoshi was forced to sell his house in China to raise money to repay his loan, but it was not enough.
He approached his Porter’s wife, who was also his sister-in-law, for a loan. She didn’t have, but obtained a bank loan and handed the money to him.
Following his failure to repay her, his sister-in-law was arrested by Chinese police, prosecuted, convicted and sentenced to three-and-half year imprisonment.
Two years later in 2012, Guoshi arrived in Nigeria and visited Obiakor’s warehouse unannounced. He found that Obiakor had long sold 80 percent of the goods.
In his defence, Obiakor claimed that some of the goods were defective and returned by customers.
But the judge observed that he provided no evidence for his claim.
