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From Okey Sampson, Umuahia
A Federal High Court sitting in Port Harcourt has dismissed a suit, instituted by the Economic and Financial Crimes Commission (EFCC) against an Umuahia- born businessman, Ikenna Kingsley Onwuzuruike aka Nwata Anayoeze.
The EFCC had on May 11, 2020, dragged the businessman to court for alleged offences of conspiracy to obtain money by false pretence, punishable under section 8(a) of the Advance Fee Fraud and other fraud related offences 2006.
In the 8 counts charge contained in charge No. FTC/PH/40C/2020, Onwuzuruike was equally accused of among others, fraudulent impersonation with intent to gain advantage contrary to Section 22(3)(a)&(b) of the Cyber Criminals (prohibition, prevention) etc Act, 2015.
When the charges were read to Onwuzuruike on June 30, he pleaded not guilty to all the charges.
After the prosecution had opened it’s case, it called two witnesses, officials of the EFCC, who informed the court of how the defendant was involved in advanced fee fraud.
Cross-examining the prosecution witnesses, the defence counsel, R. E. Wanogho formulated a sole issue for determination and it was, “Whether or not at the close of the prosecution case, the said prosecution has established a prima facie case against the defendant to warrant his being called upon to defend himself?”
In his ruling a copy of which was obtained, Justice Adamu Turaji Mohammed said prima facie evidence which will require the defendant to enter defence, must be that which shows the elements of the necessary ingredients of the offences as alleged in the charge.
“In that instant case, it must be that which shows the elements of conspiracy and obtaining by false pretence as alleged in counts 1&3. See Amadi v. FRN (2008) LPELR-441 (SC), or the elements of forgery and uttering as alleged in counts 4,5,6, and 7, see Akake v. State (1991) 7 NWLR (pt. 205), pg. 367 at 592 and elements of the offence of impersonation as alleged in count 2, see Section 22 (a)&(b) of the Cyber Crime (prohibition, prevention etc) Act, 2015 and that of Money Laundering as alleged in Count 8, see Ude Jones Udeogu v. FRN (2016) LPELR-40102 (SC).
The Judge averred that after careful consideration of the evidence of PW 1 and PW2, the Exhibits and the statement of the defendant which he said all were the necessary elements of the allegations in Counts 1-8, that he was of the view there was no prima facie evidence to warrant the Court to order the defendant to enter defence.
Justice Mohammed therefore ruled that he found Onwuzuruike not guilty and thereby discharged him.
Speaking after the ruling, the defendant, expressed happiness that the Court had finally vindicated him, describing the judiciary as the last hope of common man.
He bemoaned the way EFCC operatives in a gestapo style, raided his house in Umuahia, scaling through the wall in the early hours of the morning fateful day and whisked him away like a common criminal.
” On January 26, 2020 about 15 operatives of EFCC stormed my house and jumped through the wall. They seized my phones and laptop and passport and took me to their office in Port Harcourt.
” I asked them whether any petition written against me but they said they were working on intelligence. They said I had commited offense and should go for pre-bargain but I told them ‘over my dead body should I go for any pre-bargain’.
” Why should I go into any plea-bargain for what I never commited. I insisted we rather go to court than comply with any plea-bargain when I knew I’m innocent of what they alleged I did.
” They held me for 10 days and I became sick. They handcuffed me and snapped my pictures and posted on the net alleging I’m a fraudster when nobody had any evidence that I defrauded him or her.
“Their aim was to humiliate me and discredit my reputation. I’m into oil and gas business and I have business interests outside Nigeria. I have lived abroad for 17 years without any issues with anybody. I have a business in Philippines without issues.
“Maybe my only crime was coming back to Nigeria to invest in my own country. A lot of successful Igbo youths have been set back through this way. What is bad in someone making progress in life?
He advised Igbo youths to be courageous and go to court instead of being intimidated to enter into plea-bargain with any security agency as the judiciary is the last hope of the common man.
Onwuzuruike said it were those who felt he might be interested in the 2023 race for Ikwuano/Umuahia federal consituency that could be behind his ordeals.
