JUSTICE ARCHIBONG SENDS ARCHIBONG TO JAIL OVER N28MILLION FRAUD

The Head of Media and Publicity of the anti-graft agency, Tony Orilade in a statement said  the case was later transferred to an Akwa Ibom State High Court, Uyo owing to issues of jurisdiction, adding that the convict journey to jail began when a petitioner, Godwin Utumude, alleged that sometime in 2004, in the United States of America, he met the convict who showed him a property in Texas that was up for sale.

Penpushing further reports that, Orilade said the petitioner, said the prize of the said property was initially $218,000, but the convict eventually agreed to sell at $200,000 which was an equivalent of N28, 234, 735 at the time, and on September 1, 2004, he paid N20million to the convict who assured him that by December 2004, all documents regarding change of ownership of the said property would be handed over to him.

The  court was told that, the petitioner said to ensure that the necessary change of ownership was perfected,  the convict further requested the balance payment of N8,234,735 which he made on January 17, 2015,stating that all efforts by the petitioner to get the said documents proved abortive, hence the petition.

Penpushing also reports that, in the course of trial, the Commission called three witnesses: Godwin Utumude, the petitioner (PW1); Michael Adukwu,  an operative of the EFCC (PW2) and Chukwuma Ekezie Amadi, Deputy Compliance Officer, Zenith Bank  (PW3),adding that it also tendered several documents which were all admitted in evidence.

The documents comprised: A copy of the petition dated November 22, 2016 as exhibit A; a cover page of a document showing the picture of a building as exhibit B; Pages 1 and 2 of a document also showing the building as exhibit B1; Pages 3, 4 and 5 of a document titled: “Seller Disclosure Notice” as exhibit B2, amongst others.

Penpushing reports that, delivering judgment, the court noted that the prosecution had overwhelmingly established a case of obtaining by false pretence against the defendant through the evidences tendered before the court by the three witnesses.

“The prosecution has satisfactorily proved his case beyond reasonable doubt against the accused person to warrant his conviction in counts 1 and 2 of the charge against him. The defendant is hereby found guilty as charged and is accordingly convicted on counts 1 and 2 of the charge”, Justice Archibong ruled

The statement said, before the convict was sentenced, the judge asked him if he had anything to say, adding that the  convict, without showing any remorse, maintained that he never admitted to have collected the said amount

“it is not true that I admitted under cross examination that I collected N28million from the petitioner. I have always told him that I will pay him his money and I will do so if permitted”, he said.

Penpushing further reports that, at this point, the defence counsel, S. A. Ngbe, prayed the court to tamper justice with mercy on age and health grounds, “consider his age and ailing health. My lord, he is over 70 years of age”, he pleaded.

Meanwhile, the court immediately sentenced Edem to 7years imprisonment on each of the two counts without an option of fine and the sentence runs concurrently from the date of his conviction, while the judge also ordered the convict to restitute by paying the petitioner the entire sum which is N28, 234, 735.00.