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The Economic and Financial Crimes Commission (EFCC) has recorded yet another breakthrough in its resolve to check the incidences of economic crimes in the country, with the arraignment of 58 persons in connection with advance fees fraud before the Federal High Court in Kaduna presided over by Justice Shuabu Mohammed.
The Economic and Financial Crimes Commission (EFCC) has recorded yet another breakthrough in its resolve to check the incidences of economic crimes in the country, with the arraignment of 58 persons in connection with advance fees fraud before the Federal High Court in Kaduna presided over by Justice Shuabu Mohammed.
The suspects were arrested in an operation tagged: Operation Cyber Storm1 carried out in the nation's three geo- political zones of South-West, South East and South- South.
The accused persons include Kalu Agwara, Emejuru Prince Patrick, Mang Agbai Ude, Mukaila Aina, Maduka Nnamdi Stanley, Oti Gabriel Arinze, Precious Kalu, Onyekwelu Peter Ndigwe, Anan James, Okunwa Christian Udeh, Kazeem Adewale, Abiola Samson, Adigwe Ngozi, Okpere Pullen, James Momoh, Ese Irohoboinose, Yisa Adisa, Odion Kevin, Ojo Solomon Taiwo, Abiodun Bashorun, Churchill J. Essien, Adewunmi Aringbola, Sanusi O. Abdulwasiu, Babajide Lukman, Okeke Oscar Nkem, Elisha Osughe.
Others are, Olasaide Dare, Koiki W. Adewale, Adebowale Muyiwa, Akinde Samson, Imoh Idiong, Ezechukwu Samuel, Sagunwero Allen Ihama, Sunday Oladunjoye, Ubani Felix Uzor, Imonima Kingsley, Emeka Asoanya, Prince Onyechere, Hak Azu Kalu, Muyiwa Odusonya, Anthony Ugwude, Ibini Kayode, Balogun Otaigbe,Prince Iheoma Esionu,Nnachi Ephraim,Dadi Ike, Chigozirim Nwafor, Adenuga Lateef Olatunji,Ekwebelem Promise,Sorunke Odunayo Smith,Obasi Nwankwo Irem,Presely Omorogbe, James Momoh,Oame Benjamin,Olumide Aluko, and Titus osita Okeke.
They were cumulatively slammed with more than 85 count charge all predicated on internet related fraud, offences based on obtaining by false pretences between Wednesday and Friday last week.
Seven of the accused persons were arraigned on the ground of failure to obtain full particulars of customers, permission of their business premises for the commission of the offences and non- registration of their cyber cafes with the EFCC.
A sample of one of the charges read; 'That you, Kalu Agwara, on or about 5th April, 2008, at Preskal cyber café of No. 145 Azikiwe Road, Aba, Abia state, within the jurisdiction of the Federal High Court, in a letter titled congratulations we have securd the import licence sent to one Mrs. Minakshi Puri as Dominic Kingsley attempted to obtain the sum of USD 2,162.50 and USD 3,092.00 under false pretence of expending the said sum in trying to secure a fictitious import license as well as bank charges incurred in trying to obtain the said license which you claimed was a government requirement to enable the said Mrs. Minakshi Puri, send some goods that you falsely led her to believe you were going to import to Nigeria thereby committed an offence contrary to section 8(b) of the Advance Fee Fraud and other fraud related offences Act 2006 and punishable under 1(3) of the same Act.'
Though 17 of the 58 accused persons were not present in court, those in attendance were represented by counsel including Suleiman Rufai, BenChurchill Aniekwena, E.B.O Ibiloye, Mike Nwakanma, Obi I.I., M.A.Ikpe, B.M.Badru among others.
The prosecution counsel, totaling 12, were led by Messrs. Johnson Ojogbane and Joshua Saidi.
Reacting to the oral applications for bail by counsel to the accused persons, some of who cited the fact that their clients voluntarily reported themselves as at when needed by the EFCC, the prosecution lead counsel, Joshua Saidi, noted that it was pertinent that a formal application be made to support the facts as being presented by the defence counsel.
He along with other prosecution counsel, argued that while they concur that granting of bail was at the discretion of the court, it should be done in consideration of the nature of the charge, severity of punishment and evidence before the court. Only three of the defence counsel came up with written motion for bail.
Earlier in one of the cases, Francis Arinze Okeke vs Federal Republic of Nigeria, the defence counsel, Aniekwena Ben-churchill just like other defence counsel, orally applied for bail for his client citing the case of Abiola vs Federal Republic of Nigeria, as basis for his oral application. He based his application on section 118(2) of the criminal procedure Act which stipulates condition for bail of an accused and sections 35(5) and 36 of the 1999 constitution which state that an accused is presumed innocent until proven guilty..
Ruling separately in all the cases, the presiding Judge, Justice Shaibu Mohammed Said; "Though an oral application for bail can be entertained in a Law Court, materials must be made available to help the court make a judicial and judicious use of its discretion. Discretion cannot be made in a vacuum. There are no materials".
While refusing all the oral bail applications by the defence counsel, Justice Muhammed however, granted bail to only one of the accused persons, Nnachi Ephraim whose counsel Joe Umoelin the trial judge said was able to substantiate with proof his written application for bail.
The offence attracts a term of not more than 20 years and not less than 7 years without an option of a fine if an accused is found guilty.