A Federal High Court in Abuja has ordered that an Abuja based lawyer, Chinedu Evaristus be kept in detention custody till January 15 next year over his alleged involvement in a N58M advance fee fraud.
Barrister Evaristus who allegedly swindled a prospective house buyer, Engr Ocheakiti Ojoje (m) of N58M on the false pretext of selling a house in Abuja to him was ordered to be detained by the Inspector General of Police.
Justice Joyce Abdulmalik issued the detention order when the lawyer was brought before her court for trial in a 9-count criminal charges bothering on conspiracy and advance fee fraud.
Evaristus was put on trial along with three others who allegedly conspired and obtained the N58M from their victim on the pretext of selling a building in Abuja belonging to the Academic Staff Union of Universities (ASUU), University of Ibadan branch to the Engineer.
The three others are Olakunle Blessing Fayomi (m), Kingsley Awodi James (m) and Tabitha Kwon (f)
The N58M was allegedly obtained by the lawyer through the bank account of his law firm, Evaruth Solicitors domiciled at Zenith Bank with number 1012207337 belonging to Barr. Chinedu Evanstus
However, the trial could not proceed following the application by the office of the Attorney General of the Federation and Minister of Justice (AGF) to take over the prosecution of the four defendants from the Inspector General of Police.
Counsel to the IGP, Henry Gabriel had announced his appearance for the trial of defendants when all of a sudden, another lawyer, Florence Umor also announced appearance for the same purpose.
Umor claimed to have come from the Federal Ministry of Justice and announced that the AGF is exercising his power under section 174 of the 1999 Constitution to take over the matter from police.
She said that a letter had been written to the IGP office to forward the case file to the AGF office for a review of investigation into the alleged fraud and possible prosecution.
The AGF lawyer thereafter applied for an adjournment to enable the take over process be completed by the Minister.
Although counsel to police attempted to resist the take over attempt, Justice Joyce Abdulmalik quickly reminded him of the Constitutional power of the AGF to do so adding that the power is unquestionable.
The Judge subsequently fixed January 15, 2025 as return date to enable the AGF and IGP resolve the take over issues.
Evaristus who was brought to the court from custody was ordered to be returned to the same place till the adjourned date.
Among the charges, Barrister Chinedu Evaristus was accused of obtaining the N58M from Engr Ocheakiti Ojoje using his law firm bank account as conduit pipe to collect the money.
Mrs Tabitha Kwon in a separate count was said to have collected N3M from the alleged proceed of crime to fast-track the change of ownership of ASUU building to that of
Engr Ocheakiti Ojoje at the instance of Evaristus
Detailed charges against them are:
Count 1: “That you Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 in Abuja conspired amongst yourselves to commit felony to wit obtaining money under false pretences from one Engr Ocheakiti Ojoje (m) and thereby committed an offence contrary to section 8(1) of the Advance fee fraud and other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005
Count 2: “That you Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 in Abuja with intent to defraud Enger Ocheakiti Ojoje (M) fraudulently obtained from him the sum of Fifty Eight Million Naira (N58, 000,000 00) paid into account Number 1012207337 Zenith Bank PLC bearing the account Name: Evaruth Solicitors belonging to Barr. Chinedu Evanstus, on false pretext to convey and perfect the sale of a property represented as plots 9 & 10, 37 Road, Gwarinpa Estate II, belonging to Academic Staff of University Union, (ASUU) a representation you know to be false and you thereby committed an offence contrary to section 1(1)(a) and punishable under nder section 1(3) both of the Advance fee fraud and other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005
Count 3: “That you Barr. Chinedu Evaristus (m),
between May/June 2017 at Evaruth Solicitors office in Wuse Zone 3, FCT Abuja in the Abuja Judicial Division with intent to defraud Engr Ocheakiti Ojoje (M) fraudulently obtained from him the sum of Fifty Eight Million naira (N58,000,000.00 paid into your account Number 1012207337 Zenith Bank PLC bearing the account Name: Evaruth Solicitors and converted the sum of Ten Million (N10,O00 000 00) to yourself | and you thereby committed on offence contrary to section 1[1)(a) and punishable under section 1(3) both of the Advance fee fraud end other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005
Count 4: That you Olakunle Blessing Fayomi (m) between May/June 2017 at Everuth Solicitors office in Wuse Zone 3, FCT Abuja in the Abuja Judicial Division with intent to defraud Engr Ocheakiti Qjoje (M) received the sum of Eight Million Naira (N8,000, 000 00) fram Barr. Chinedu Evaristus (M) which is part of the proceed of the fraud out of the sum of Fifty Eight Mi tion Naira (N58, 000,000 00) fraudulently obtained from Engr Ocheakiti Qjoje (M), for yourself and you thereby committed an offence contrary to section 1(1}(a) and punishable under section 1{3) both of the Advance fee fraud and other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005.
Count 5:
That you Kingsley James Awodi (m) sometime June 2017 at Gwarinpa Estate FCT in Abuja in the Abuja Judicial Division with intent to defraud Engr Ocheakiti Ojoje (M) received the sum of Fourteen Million Naira (N14,000, 000.00) through your Guarantee Trust Bank PLC Account Number 0023482802 by one Ornale John joseph (M) now at large which is part of the proceed of the fraud out of the sum of Fifty Eight Million Naira (N58, 000.000-00) fraudulently obtained from Engr. Ocheakiti Ojoje (M), for yourself and yau thereby committed an offence contrary to section 1(1)(a) and punishable under section 1(3) both of the Advance fee fraud and other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005
Count 6: “That you Thabita Kwon (F) between May/lune 2017 at FCT Abuja with intent to defraud Engr Ocheakiti Ojoje (M) received the sum of three Million Naira (N3,000, 000 00) from Kingsley James Awode in other to aid and abet Barr. Chinedu Evaristus, (m) Olakunle Blessing Fayomi (m)} Kingsley Awodi James (m) to fast-track the production of change of ownership from Academic Staff of University Union Ibadan Oyo chapter to Engr Ocheakiti Ojoje which is part of the proceed of the fraud out of the sum of Fifty Eight Million Naira (N58, 000,000 00) fraudulently obtained from Engr. Ocheakiti Ojoje (M), and you thereby committed an offence contrary to section 8(a) and punishable under section 1(3) both of the Advance fee fraud and other Fraud Related Offences Act, Law Of the federation of N geria, 2005.
Count 7: “That you Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 in the Abuja Judicial Division conspired amongst yourselves to commit felony to wit Forging end Uttering of documents and thereby committed an offence contrary to section 8(1) of the Advance fee fraud and other Fraud Related Offences Act, Law of the federation of Nigeria, 2005.
Count 8: ‘That you Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 and 2016 at Evaruth Solicitors office in Wuse Zone 3, FCT Abuja in the Abuja Judicial Division with intent to defraud Engr Ocheakiti Ojoje (M) fraudulently forged some documents which include letter of Authority to sale property Plot 9 & 10 NO 37 Road, Gwarinpa Estate II, belonging to Academic Staff of University Union ASUU, Ibadan Oyo Chanter of ASUU, Power of Attorney, certificate of property from Federal Housing Authority (FHA) Abuja and Deed of Assignment which you know to be false and with the intention that they would be acted upon as genuine and you thereby committed an offence contrary to section 465 and punishable under section 467 of the Criminal Code Laws of the federation of Nigena, 2005.
Count 9: “That you Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at Large between May/june 2017 and 2018 at Evaruth Solicitors office in Wuse Zone 3, FCT Abuja in the Abuja Judicial Division with intent to defraud Engr Ocheakiti Ojoje (M) knowingly and fraudulently utter some false documents which include, letter of Authority to sale property Plot 9 & 10 NO: 37 Road, Gwarinpa Estate Il, belonging to Academic Staff of University Union, ASUU, Ibadan Oyo Chapter of ASUU, Power of Attorney, certificate of property from Federal Housing Authority (FHA) Abuja and Deed of Assignment which you know to be false and with the intention that they would be acted upon as genuine and you thereby committed an offence contrary to sechon 468 and punishable under section 467 of the Criminal Code Laws of the federation of Nigeria 2005.