Uyo High Court Sentences Ex-Banker to 40 Years for Defrauding Friend of ₦67.5m

Akwa Ibom State High Court sitting in Uyo has sentenced a former Relationship Manager with a first generation bank, Udo Udoma Branch, Uyo, Chukwudi Henry Onwuka, to 40 years in prison for defrauding his friend of N67,510,000 under the guise of facilitating the purchase of $157,000.

Delivering judgment, the presiding judge, Justice Archibong Archibong found the 47-year-old banker guilty on all the four counts bordering on obtaining by false pretence, stealing and aiding and abetting, contrary to the Advance Fee Fraud and Other Related Offences Act 2006 and the Criminal Code Laws of Akwa Ibom State.

Onwuka, a father of three from Mbaitoili in Imo State, was convicted alongside his accomplice, Eze Joshua Chinedu, a Director and CEO of Jec-Mega World Investment Limited whose bank account received the stolen funds.

Chinedu, an Ebonyi State indigene and accounting graduate, runs a foodstuffs business, including foreign rice, at Akpan Andem Market in Uyo.

HOW THE FRAUD WAS EXECUTED

According to Court records, the victim, Tochi Obianom, an Onitsha-based financial consultant and currency trader (BDX operator), reported the matter to the Uyo Area Command on 23rd March 2017.

Obianom stated that on 17th March 2017, the banker called him, claiming that one of his customers: Jec-Mega World Investment Limited, had $157,000 available for sale.

Onwuka allegedly instructed him to transfer the naira equivalent, N67.51m, to the company’s First Bank account with the assurance that within 30 minutes, he would receive the dollar equivalent.

Trusting his longtime friend, Obianom transferred:

•N39,450,000 on 17th March, 2017, and

•N28,060,000 on 21st March, 2017,

to First Bank Account 1000455243, operated by Chinedu’s company, bringing the total to N67,510,000.

However, the promised $157,000 was never delivered.

“All efforts to recover my money proved abortive”. The victim said.

SECOND DEFENDANT CLAIMS INNOCENCE

In his statement, Chinedu admitted allowing his account to be used but insisted he was unaware of Onwuka’s criminal intentions.

He said the banker was his account officer and had told him the funds were meant for contract settlement.

“I did not know he had other sinister criminal intentions,” Chinedu testified.

PROSECUTION PRESENTED 4 WITNESSES, 10 EXHIBITS

Both defendants pleaded not guilty to the six-count charge, prompting full trial.

The prosecution called four witnesses, including the victim and tendered 10 documentary exhibits.

The defendants testified in their own defence without calling additional witnesses.

COURT’S FINDINGS AND VERDICT

In a detailed judgment, Justice Archibong held that the prosecution had proved its case beyond reasonable doubt.

For Chinedu (2nd defendant), the judge said:

“For the second defendant, I hereby find you guilty of counts 4 and 5 and accordingly convict you. The punishment for the offence is a term of not less than 10 years’ imprisonment without option of fine.”

For Onwuka (1st defendant):

“I hereby find you guilty of counts 1, 2, 3 and 4.”

SENTENCING

First Defendant — Chukwudi Henry Onwuka

•Count 1: 10 years imprisonment

•Count 2: 10 years imprisonment

•Count 3: 10 years imprisonment

•Count 4: 10 years imprisonment

Justice Archibong held that the sentences are to run concurrently.

The Court further ordered the convict to refund the N67,510,000 to the victim, PW1.

Second Defendant — Eze Joshua Chinedu

•Count 4: 10 years imprisonment

•Count 5: 10 years imprisonment

Sentences are to run concurrently.

The successful conclusion of the eight-year legal battle stands as a testament to the hard work, diligence and unwavering commitment of staff of the Department of Public Prosecutions, DPP, State Ministry of Justice whose sustained efforts, professional competence, and steadfast dedication in prosecuting the matter on behalf of the State were instrumental in securing this remarkable victory.

c Harrison Essien