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An Igbosere Magistrate's court has ordered the arrest of the boss of Water Parks Limited, Otunba Feyisayo Winfunke, for alleged conspiracy, stealing. and obtaining under false pretences.
An Igbosere Magistrate's court has ordered the arrest of the boss of Water Parks Limited, Otunba Feyisayo Winfunke, for alleged conspiracy, stealing. and obtaining under false pretences.
The warrant of arrest, which was issued by the Chief Magistrate, Mr. Philip Ojo, on Wednesday 16 July , directed all police formations in the country to arrest Winfunke and bring him to his court to answer some alleged criminal complaints against him, and consequently be tried in accordance with the law.
The mandate to the Nigeria Police from the Magistrate read as follows; 'You are therefore hereby commanded to bring the defendant before the High/Magistrate's Court in Igbosere in the Judicial/Magisterial Division sitting at Lagos forthwith to answer the said complaint and be dealt with according to the law."
Armed with the order, the Nigeria Police have already begun a manhunt for Winfunke. In the pending case between the Commissioner of Police and the 55-year-old businessman, Winfunke is being sued on a five-count charge of conspiracy, obtaining money under false pretences, stealing of Certificate of Occupancy, (C of O) etc
In the first Count charge, the police said:
1 'that you Feyisayo Winfunke (m) on or about the 28th day of September, 2005 at the Lands Registry, Alausa, Ikeja, Lagos in the Lagos Magisterial District did conspire with others at large to commit felony to wit: obtaining money under false pretences and stealing and thereby committed an offence contrary to and punishable under section 516 of the Criminal Code Law Cap C. 17 Laws of Lagos state of Nigeria 2003.
Other charges include:
2 'That you Feyisayo Winfunke (m) or a about the 28th day of September, 2005 at the Lands Registry, Alausa, Ikeja Lagos, in the Lagos Magisterial District did steal a file/duplicate copy of a Certificate of Occupancy No. 77/77/1988c from the archives of the Lands Registry, Alausa, Ikeja and thereby committed an offence contrary to and punishable under section 390(4) (f) of the Criminal Code Law Cap C. 17 Laws of Lagos State of Nigeria 2003.
3 'That you Feyisayo Winfunke (m) on or about the 28th day of September, 2005 at KM 22, Lagos/Epe Expressway, IIaje Bus Stop, Ajah, Lagos, in the Lagos Magisterial District with intent to defraud offer for sale property covered by a certificate of Occupancy registered as No. 77/77/1988c to Barrister Jimoh Ibrahim and presented a stolen file/duplicate copy of the said Certificate of Occupancy No 77/77/1988c to said Barrister Jimoh Ibrahim knowing full well that the said Certificate of Occupancy was a duplicate copy/stolen and thereby committed an offence contrary to and punishable under section 419 of the Criminal Code Laws Cap c. 17 Laws of Lagos State of Nigeria 2003.
4 'That you Feyisayo Winfunke (m) on or about the 28th day of September, 2005 at KM 22, Lagos/Epe Expressway, llaje Bus Stop, Ajah, Lagos, in the Lagos Magisterial District did attempt to defraud Intercontinental Bank Plc. by offering for sale to Barrister Jimoh Ibrahim property covered by Certificate of Occupancy No. 77/77/1988c which property at that material time was subject to an unexhausted Mortgage created by a deposit of the original Certificate of Occupancy No 77/77/1988c with the said Intercontinental Bank Plc. and thereby committed an offence contrary to and punishable under Section 490 (1) of the Criminal Code Law Cap C. 17 Laws of Lagos State of Nigeria 2003.
5 'That you Feyisayo Winfunke (m) on or about the 28th day of September, 2005 at KM 22, Lagos.Epe Expressway, llaje Bus Stop, Ajah, Lagos, in the Lagos Magisterial District did steal the sum of =N3m (Three Million Naira Only) property of Barrister Jimoh Ibrahim and thereby committed an offence contrary to and punishable under Section 390 (9) of the Criminal Code Law Cap C. 17 Laws of Lagos State of Nigeria 2003."
Otunba had in 2003 sought and obtained a credit facility from the old Gateway Bank and secured same with a piece of land in Lekki, Lagos to which he deposited the original certificate of occupancy. However, with the merger of Gateway Bank and two others with Intercontinental Bank in 2005, the latter inherited the indebtedness of Winfunke.
In order to repay the loan, Winfunke unconditionally sold the collateralized land to Barrister Kunle Ogunba and used part of the proceeds to offset his other personal financial commitments and hotel project going on then.
One year later, Winfunke returned to the bank to reclaim the land earlier said to be unconditionally sold to the buyer.