Justice Ambrose Allagoa of a Federal High Court sitting in Ikoyi, Lagos State, Nigeria, on Tuesday, dismantled the no-case submission instituted by a former employee of Eunisell Limited, Kenneth Amadi, confronting the N2.9bn fraud charge, slammed against him by the Federal Government, on July 11, 2022.
In handing down his ruling, the judge held that the prosecution has raised issues that require the embattled ex-staff to proffer answers. Justice Allagoa consequently ordered Amadi to open his defence.
It would be recalled that Amadi had contended that the prosecution has not been able to make any prima facie case against him and as such has no business being in court.
He then urged the court to strike out the criminal charge against him and accordingly acquit and discharge him without any further delay.
But responding, the prosecution had insisted that Justice Allagoa should discountenance the prayers of the defendant because a case has been made against him and that he ought to put up a defence. The prosecution then asked the court to order Kenneth Amadi to open his defence.
Opening his defence, Amadi insisted that there was no time he fraudulently received a sum to the tune of N2.9bn from A-Z Petroleum Ltd and AMMASCO International Ltd.
Amadi insisted that he did not do any of the alleged offences.”
However, it would be recalled that during the Thursday and Friday, March 24 and 25, 2022 proceedings on the matter, witnesses confirmed before Justice Allagoa that the former CEO made customers pay for purchases based on the company’s invoice through an account nominated by him.
Specifically, Kenneth Amadi and his company, IDID Nigeria Limited, are being tried before the court on a five-count charge of conspiracy and fraud to the tune of N2.9 billion.
The charges against the defendants include receiving and obtaining by false pretence, with intent to defraud, the sum of N2, 900,000,000 belonging to Eunisell Ltd, from A-Z Petroleum Ltd and AMMASCO International Ltd; omitting making full and true entry thereof in the books and accounts; suppression of data in respect of the financial transfer to Eunisell Ltd; and converting the same amount without authority to create sufficient deposits to promote the credibility of his own company (IDID Nigeria Limited).
According to the prosecution, the offences are contrary to Section 1(1)(a) of the Advance Fee Fraud and other fraud related Offences Act, Cap A6, Laws of the Federation of Nigeria, 2004, and punishable under Section 1(3) of the same Act.
The case has been adjourned to October 20, 2022, for the adoption of final addresses.
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