Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja, today, ordered the Inspector General of Police to detain an Abuja based lawyer, Chinedu Evaristus till January 15, 2025.
Evaristus is being prosecuted on a 9-count criminal charge over his involvement in an alleged fraud to the tune of N58 million, reports Daily Independent.
Specifically, Barrister Evaristus is being accused of swindling a prospective house buyer, Engr. Ocheakiti Ojoje (m) of the sum of N58m on the false pretext of selling a house in Abuja to him.
Evaristus is facing trial alongside three others, namely; Olakunle Blessing Fayomi (m), Kingsley Awodi James (m) and Tabitha Kwon (f) for conspiracy and advance fee fraud.
Court papers showed that the accused persons defraud their victim on the pretext of selling a building in Abuja belonging to the Academic Staff Union of Universities (ASUU), University of Ibadan branch to the Engineer.
The N58m was allegedly obtained by the lawyer through the bank account of his law firm, Evaruth Solicitors domiciled at Zenith Bank with number 1012207337 belonging to Barr. Chinedu Evanstus
However, the trial could not proceed following the application by the office of the Attorney General of the Federation and Minister of Justice (AGF) to take over the prosecution of the four defendants from the Inspector General of Police.
Counsel to the IGP, Henry Gabriel had announced his appearance for the trial of defendants when all of a sudden, another lawyer, Florence Umor also announced appearance for the same purpose.
Umor claimed to have come from the Federal Ministry of Justice and announced that the AGF is exercising his power under section 174 of the 1999 Constitution to take over the matter from police.
She said that a letter had been written to the IGP office to forward the case file to the AGF office for a review of investigation into the alleged fraud and possible prosecution.
The AGF lawyer thereafter applied for an adjournment to enable the take over process be completed by the minister.
Although counsel to police attempted to resist the take over attempt, Justice Joyce Abdulmalik quickly reminded him of the Constitutional power of the AGF to do so adding that the power is unquestionable.
The Judge subsequently fixed January 15, 2025 as return date to enable the AGF and IGP resolve the take over issues.
Some of 9-count charge reads: “That you Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 in Abuja conspired amongst yourselves to commit felony to wit obtaining money under false pretences from one Engr Ocheakiti Ojoje (m) and thereby committed an offence contrary to section 8(1) of the Advance fee fraud and other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005.
“That you Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 in Abuja with intent to defraud Enger Ocheakiti Ojoje (M) fraudulently obtained from him the sum of Fifty Eight Million Naira (N58, 000,000 00) paid into account Number 1012207337 Zenith Bank PLC bearing the account Name: Evaruth Solicitors belonging to Barr. Chinedu Evanstus, on false pretext to convey and perfect the sale of a property represented as plots 9 & 10, 37 Road, Gwarinpa Estate II, belonging to Academic Staff of University Union, (ASUU) a representation you know to be false and you thereby committed an offence contrary to section 1(1)(a) and punishable under section 1(3) both of the Advance fee fraud and other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005.
“That you Barr. Chinedu Evaristus (m), between May/June 2017 at Evaruth Solicitors office in Wuse Zone 3, FCT Abuja in the Abuja Judicial Division with intent to defraud Engr Ocheakiti Ojoje (M) fraudulently obtained from him the sum of Fifty Eight Million naira (N58,000,000.00 paid into your account Number 1012207337 Zenith Bank PLC bearing the account Name: Evaruth Solicitors and converted the sum of Ten Million (N10,000 000) to yourself | and you thereby committed on offence contrary to section 1[1)(a) and punishable under section 1(3) both of the Advance fee fraud end other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005.
“That you Olakunle Blessing Fayomi (m) between May/June 2017 at Everuth Solicitors office in Wuse Zone 3, FCT Abuja in the Abuja Judicial Division with intent to defraud Engr Ocheakiti Qjoje (M) received the sum of Eight Million Naira (N8,000, 000 00) from Barr. Chinedu Evaristus (M), which is part of the proceed of the fraud out of the sum of Fifty Eight Mi tion Naira (N58, 000,000 00) fraudulently obtained from Engr Ocheakiti Qjoje (M), for yourself and you thereby committed an offence contrary to section 1(1}(a) and punishable under section 1{3) both of the Advance fee fraud and other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005.
