Federal High Court, Abuja has adjourned until Oct. 28 the trial of a lawyer, Everestus Ugwuowo, and three others over allegation of defrauding a woman the sum of N29 million and forging documents to sell Abuja house.
Justice Obiora Egwuatu adjourned the matter due to the busy schedule of the court.
The Inspector-General (I-G) of Police had sued Ugwuowo; Umar Sanda Adamu; Usman Audu and Adole Christopher Oche, a staff of Bureau of Public Procurement as 1st to 4th defendants respectively.
The amended 11-count charge marked: FHC/ABJ/CR/121/2018 was dated and filed on April 29, 2019, by ACP Simon Lough, SAN.
The defendants, who were arraigned in 2018 and granted bail, pleaded not guilty to the charge.
They were alleged to have committed the allegations in connivance with Damian Audu, Joseph Omale, Kingsley Awodi, now at large, on or about September 2017 in Abuja.
Upon resumed trial, the prosecution counsel, Mr. Lough, informed the court that the matter was slated for continuation of trial and their 2nd prosecution witness (PW-2), Grace Dauda, was in court.
"We are ready for trial", he said.
The defendants' lawyers, including Patrick Otsima and Ebuka Aneke-Agu, equally indicated their readiness to proceed with trial.
However, Justice Egwuatu said due to the busy schedule of the court, the evidence of the PW-2 would not be taken.
He said the court would only take few cases and adjourn others.
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Upon agreement of counsel, the matter was subsequently adjourned until Oct. 28 and Oct. 31 for continuation of trial.
The 1st prosecution witness (PW-1), Ismaila Bana, an in-law to nominal complainant, had, on May 30, gave his evidence in the criminal charge and was cross-examined by the defence lawyers.
In count one, Ugwuowo, who is said to be practising under the name Evaruth Solicitors, was alleged to have conspired with others to commit felony by obtaining money under false pretence and thereby committed the offence contrary to Section 8 of the Advance Fee Fraud and other related offences Act 2006.
In count two of the charge, they were alleged to have, while acting in concert and with intent to defraud Mrs. Grace Awajash Dauda, forged letters of authority to sale; consent to assign House 11, 62 Road, Gwarimpa Estate with No. FHA/OCE/GWA II OWU C; Irrevocable Power of Attorney and Deed of Assignment.
The letters were purported to have been signed by Grema Mohammed Umar with three Federal Housing Authority (FHA) receipts, letter of offer, letter of allocation, letter of checking in of owner occupiers in respect of the house.
These were alleged to have been used to deceitfully collect the sum of N29 million from Mrs. Dauda on the pretence that they had authority to sell the property.
“And having collected her money, you shared it among yourselves, when you know or had reason to believe that you do not have the authority to sell the house and all the documents you gave to her were forged.
“You thereby committed an offence contrary to Section 1(1) and punishable under Section 1(3) of the Advance Fee Fraud and other related offences Act 2006”, it read.
In count 10, the lawyer was accused to have issued Mrs. Dauda a UBA dud cheque number: 77703052 on December 1, 2017, for the sum of N29 million “in repayment of the money you deceitfully collected from her
“Which was presented for payment on the 6 December 2017 and returned dishonoured for lack of sufficient funds in your account.”
The offence is said to be contrary to Section 1(1) of the Dishonoured Cheque Act CAP Dil LFN 2004.
