AGF Arraigns Lawyer, 5 Others Over Alleged Forgery

The attorney-general of the federation (AGF) and minister of Justice, Prince Lateef Fagbemi, (SAN) has arraigned a legal practitioner, Bob Ogu and five others before a High Court of the Federal Capital Territory (FCT) on a 14-count charge bordering on alleged forgery, theft, conspiracy and impersonation.

Other defendants in the case marked FCT/HC/CR/302/2023 are Samuel Udo-Imeh, Ifeanyi Abaekwueme, Earth Conscience Limited, Nnaemeka Chukwueze, a civil engineer and NBC Infrastructure West Africa Limited.

The prosecution counsel, Abdul Kohol, acting on behalf of the AGF, alleged that the defendants forged title documents, including a power of attorney, to fraudulently convert a property belonging to Nexume Nigeria Limited.

They pleaded not guilty to the charge that were read to them, after which Justice Samira Bature, granted them bail on previous conditions.

Meanwhile, Justice Bature has vacated the arrest warrant earlier issued against Nnaemeka Chukwueze, following his presence in court and upon a plea by his counsel, Paul Erokoro (SAN).

He was thereafter granted bail in the sum of N20 million and two sureties in like sum.

Justice Bature said one of the sureties must be a Civil Servant on grade level 17, who must be a resident of the Federal Capital Territory (FCT) with verifiable documents of his employment.

In addition, the judge directed that the addresses of the sureties and employment documents must be verified by the prosecution counsel.

The prosecution counsel, Abdul Kohol, a private legal practitioner acting under the fiat of the AGF, alleged that the defendants forged documents, including a Power of Attorney, to fraudulently convert property owned by Nexume Nigeria Limited.

Other counsel who appeared for the defendants are Ebere Okonkwo (1st defendant); N.J. Obieze (2nd and 5th defendants) Paul Erokoro SAN (for 4th and 6th defendants), while the 3rd defendant, Bob Ogu represented himself.

Meanwhile, the prosecution counsel, Abdul Kohol, opened his case by calling the first prosecution witness (PW1), Dr. Omotayo Sanni, an estate developer and founder and owner of a number of companies including Millennium Integrated Limited, a technical company and an real estate company, Nexume Nigeria Limited, which he founded in 2008.

Led in evidence by the prosecution counsel, he said he know the defendants especially the 1st defendant since 20 years ago in an professional capacity.

He described the first defendant as his close confidant “and someone I can trust with my life”.

“Sometimes in February 2015, I had cause to appoint him and my brother as directors of Nexume Nigeria Limited to hold shares in trust on my behalf that is how I know the first defendant.’

The witness went on the tell the court how Ifeanyi Abaekwueme (2nd defendant), who was introduced to him by a mutual and respected older colleague, a then director in the Federal Capital Development Authority (FCDA), Isa M. Shuaibu, is indebted to him and his company, to the tune of N749m for the operation of a Land Information System on behalf of Imo State Government.

He equally told the court how the 2nd defendant has dishonestly refused to return the original title documents (Letter of Intent) in respect of plot 54 DO6, Karsana West to him, after collecting same on his instruction.

“Since the 2nd defendant was always frequently at my office and home, and since I was trying to build trust to be able to recover the N749m debt that his company, Earth Conscience Limited (5th defendant) still owned me and my company, I saw nothing wrong, since my schedule was busy.

“I instruct him through a written letter on behalf of Nexume Nigeria Limited on February 19, 2015, to collect the original documents (letter of Intent) over the said plot. To my outmost surprised, the 2nd defendant dishonestly refused to return the original title documents to me as instructed,” Sanni told the court.

As regard the 3rd defendant, the witness said he was introduced to him by the 2nd defendant, in the course of negotiations for the Imo State project in Owerri around 2011, as the managing director of Earth Conscience Limited (5th defendant).

Meanwhile, the case has been further adjourned to May 12 for continuation of trial.

The defendants were alleged to have conspired between January 2015 and December 2022 in the FCT to commit forgery, an offence punishable under section 97(1) of the Penal Code law.

Specific allegations include forging the signature of Olusegun Sanni on documents such as a Memorandum of Understanding for Plot No. 54 DO6, Karsana West, FCT, an Irrevocable Power of Attorney, and a Nexume Ltd Board Resolution dated February 20, 2015, appointing Earth Conscience Limited as attorney, knowing these were false.

The prosecution also accuses the defendants of issuing an Ecobank cheque (No. 75651801) for N500 million on behalf of Nexume Ltd in favour of Conscience Ltd, causing property loss. The offences violate Sections 95, 97(1), 362, and 364 of the Penal Code Law.

Ogu, an Abia State-based lawyer and Managing Director of Earth Conscience Limited, is a former Commissioner for Works in Abia State. Udo-Imeh is an Abuja-based businessman in the IT sector, while Abaekwueme, a town planner, is a civil servant with the Federal Capital Development Authority and founding director of Earth Conscience Limited.