The Economic and Financial Crimes Commission (EFCC) has arraigned Chief Executive Officer of Mobitel, Mr. Johnson Salako, and two others, before a Lagos High Court for allegedly defrauding Bank of Industry (BOI) of Nl.4 billion.
The other defendants, Enoche Ugbabe and Enebeli Theophilus, have however challenged the charge on grounds that it was filed inappropriately. They prayed the court to strike out the charges.
The defendants, according to EFCC’s prosecutor, Mr. A. Kayode, allegedly stole N1, 424, 774, 000, from the BOI by falsely representing to the bank that the facility was meant to finance a project.
The prosecution further alleged that the defendants, contrary to Section 467 of the Criminal code Law of Lagos State, also “forged a Certificate of Occupancy (C of O) of Lands Registry of Lagos State, which they pledged as security to obtain the facility.
The defendants also forged two title deeds and presented same to the BOI to obtain the facility.
Salako, said to be the principal actor in the alleged crime, was not in court on Friday. He has since been declared wanted by the EFCC.
Counsel to the defendants, Prof. Taiwo Oshipitan (SAN), who applied that the charges be quashed, said the proof of evidence before the court does not disclose commission of any offence by his clients.
Prof Oshipitan argued that the allegations of stealing, conspiracy and forgery against his clients were frivolous as they never participated in obtaining the N1.4 billion loan from BOI and are not privy to how it was expended.
He said that the loan was paid into Mobitel’s account, even as he contended that his clients were not part of the company’s administration or the usage of the money.
Prof Oshipitan also urged the court to strike out the charges against his clients on the ground that the EFCC does not have power to prosecute an offence committed against the Federal Government before a state High Court.
Kayode, however, prayed the court to discountenance Oshipitan’s argument and insisted that the commission has disclosed sufficient link between the defendants and the crime allegedly committed, as required by the law.
Justice Ipaye adjourned the matter till February 10, 2017, for ruling.