Justice Ismail Ijelu of the Lagos State High Court sitting in Ikeja, on Thursday, convicted and sentenced two businessmen, Kenneth Ajoku and Gregory Wongkyezeng to ten years imprisonment each for defrauding their victim of N9 million and an apartment located in the Festac Town area of the state.
The convicts were sentenced after being found guilty of a five-count charge of stealing and obtaining money and property through false pretences brought against them by the Economic and Financial Crimes Commission (EFCC).
The EFCC had informed the judge that the offences violated the Advance Fee Fraud and Other Fraud Related Offences Act of 2006 and the Criminal Law of Lagos State, 2011.
The trial, which began afresh in May 2024, saw the prosecution team, led by Franklin Ofoma calling two witnesses and presenting 12 exhibits.
The defence, represented by Professor Paul Ananaba (SAN), opened its case in January 2025 and concluded in February 2025 by submitting 27 exhibits.
In his judgment, Justice Ijelu held that the convicts engaged in a fraudulent scheme that tricked their victim, Prince Okpara, into giving them N9 million and a residential flat through deliberate misrepresentation and abuse of trust.
In his ruling, Justice Ijelu sentenced the convicts to three years in prison for count one bordering on stealing, with an option of N500,000 fine each, payable within six months.
The court ruled that the convict should serve the full sentence if they failed to pay the fine.
On counts two and four, which pertained to obtaining money and property under false pretences, the court imposed the mandatory ten-year prison sentence on each convict without an option of a fine, as prescribed under Section 1(2) of the Advance Fee Fraud Act.
The judge clarified, that although the charges were framed separately, counts two and four arose from the same transaction.
He held that count four was treated as subsumed under count two, which aligned with the principle against double punishment.
The court also ordered the convicts to pay restitution to their victim; specifically, Ajoku was ordered to pay N2.3 million, while Wongkyezeng was ordered to return N9 million.
Justice Ijelu stated that if both convicts comply with this order, their ten-year sentence may be reduced to seven years, reflecting their remorse and intention to make reparations.
The court further held that no remission or parole will be granted to the convicts until seven years have been served, emphasising the seriousness of the offence and the need for deterrence.
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