#TrackNigeria An Ikeja Special Offences Court on Tuesday acquitted two officials of the Nigerian Aviation Handling Company (NAHCO), Gbolahan Majekodunmi and Gbenga Omowaiyeola, of defrauding an American woman of 5,700 dollars.
Delivering judgment, Justice Oluwatoyin Taiwo, held that the Economic and Financial Crimes Commission’s (EFCC) case against the defendants was based on “mere suspicion”.
She held that the anti-graft agency was however able to prove the allegations of fraud against two other defendants- Emmanuel Olufemi and Oladayo Ajileye who had already jumped bail.
The judge held that there was no evidence that the first defendant (Majekodunmi) communicated with Janice Perkins (the complainant) and knew of the transaction.
She also noted that there was no evidence that incriminating emails were found in the possession of the first defendant.
She said: “The prosecution’s case against the defendants is based on mere suspicion.
“All the evidences point to the fact that the two men, now at large, committed these offences. The name of the recipient on the package was Oladayo Ajileye.
“I am satisfied that the prosecution has proved the allegations against the two defendants who jumped bail.
“I believe the first and second defendants were conscripted by the defendants on the run the get the package when they had previously failed.
“The prosecution has failed to prove their case beyond reasonable doubt, their case is based on mere suspicion and mere suspicion cannot hold a charge.
“The defendants are acquitted of the charges and the prosecutor is urged to arrest the two defendants who are at large.”
Justice Taiwo in the judgment held that one Mrs Bola Kehinde, a retired NAHCO official swore to a deposition which was tendered as evidence to the court by the defence.
In the deposition, Kehinde said that she was asked by a friend of her brother to help him trace a package at the Nigerian Postal Service (NIPOST) and that she had requested Majekodunmi, a NAHCO staff to help her trace the package.
She said that on Sept. 25, 2013, Majekodunmi went to pick up the package at NIPOST and Omowaiyeola another staff of NAHCO had driven Majekodunmi to retrieve the package.
The judge also noted that the statements of the defendants to the EFCC were not confessional in nature.
“The deposition sworn by Kehinde supports the statement of the first defendant and the prosecution did not oppose the tendering of the affidavit into evidence.
“Having considered the statements of the defendants, it is not confessional in nature. It is not endorsed by a superior police officer and it is not direct in nature.
“The statements are not strong enough to convict the defendants. The second defendant in his statement said he went to pick up the package as a driver for financial gain,” the judge said.
Following the judgment, Mr W. G. Abiodun, the defence counsel gladly thanked the judge.
“I thank My Lord for this judgment, the defendants have always been victims of circumstance,” he said.
Majekodunmi and Omowaiyeola were charged with two counts of conspiracy to obtain money by false pretences and obtaining money by false pretences.
According to the EFCC prosecutor, Emeka Omewa, the defendants in September 2013 in Lagos, allegedly fraudulently obtained 5,700 dollars from one Janice Perkins, ab American.
The funds were received under the pretext that it was for transportation and other logistics for a project being undertaken by her fiancé. (NAN)
