A Lagos State High Court, sitting in Ikeja has discharge and acquitted Michael Adenuga, a former accountant with Chevron Nigeria Limited charged with N5 billion property theft.
Justice Sedoten Ogunsanya delivered the judgement after the Economic and Financial Crimes Commission, EFCC, was unable to prove the allegations of fraud against the defendants.
Mr. Adenuga and his company, Covenant Apartment Complex Limited were arraigned on May 15, 2014 on a three-count charge bordering on fraudulent conversion of land, forgery of documents and use of false documents by the EFCC.
The verdict: Michael Adenuga
Delivering the judgement in suit marked marked ID/494C/14, in the decade long legal battle, Justice Ogunsanya held that the prosecution did not prove beyond reasonable doubt, the allegation of stealing, conversion and forgery allegation brought against him.
The defendant, who is the alter ego of Covenant Apartment Complex Limited faced a three-count charge of stealing, forgery and use of false documents.
The defendants were alleged to have committed the offence between September 2011 and February 2014 at Aiyetoro Ikota area of Lagos State, converted to himself about 22.68 hectares of land situated at Ikota Peninsula.
Defendants were alleged to have converted landed property measuring about 22.687 hectares, valued at N5 billion, for personal use after it had been purchased in partnership with Sunday Oyeniran and Joseph Oyeniran under the name of another company.
The commission said the defendants alleged offences contravened Sections 278 (1) and 285 (b) of the Criminal Law of Lagos State of Nigeria 2011.
But Adenuga and his company pleaded not guilty to the charge at the commencement of trial on June 15, 2014.
The prosecution counsel Babatunde Sonoiki called eight witnesses among which Sunday Oyeniran testified for prosecution while the defendant (Michael Adenuga) led-in-evidence by his counsel, Mr. Ehis Agboga testified with other four witnesses in defending the suit.
Justice Ogunsanya held that onus is on prosecution to prove beyond reasonable doubt the alleged offences against the defendants.
The trial judge held there was no contention that the first defendant is the alter ego of the second defendant, the signatory to the second defendant account. It was in evidence that he went to obtained loan of ₦1.8 billion from the Wema Bank.
“The prosecution relied heavily on the evidence of PW 1, 2 and 3. The PW4 had testified that he made the document on the instruction of the PW3. There was no nexus with the first defendant.
“The prosecution failed to establish that the document was forged. The prosecution failed to prove that the document was made with fraudulent intent. There was no confusion on the signature compare by PW5.”
“The prosecution conclusion has based on assumption or speculation which has no basis in law. The court has considered all the exhibits before the court. The evidence of the witnesses. The first, second and third prosecution witness have interest in the land, the subject matter.
“The prosecution has no adequate documentation to prove that the disputed land was owned by any individual other than the defendant.
“The prosecution failed to establish that the disputed document was made with fraudulent intent. There a lot of transaction took place without any documentation. The responsibility of the prosecution is to prove that the property is of another person.”
Justice Ogunsanya further held that the the document before the court shows that the land in question was registered in the land registry. There was no document that PW1, PW2 and PW3 were joint owner.
“The prosecution is unable to prove beyond a reasonable doubt to this court all the charges against the defendant. The court finds the defendant not guilty and hereby discharged and acquitted.”