N16M fraud: Court convicts business man

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The Economic and Financial Crimes Commission, EFCC, Maiduguri office on Tuesday, December 11, 2018 secured the conviction of Umar Ali Kaka, before Justice Fadawu Umar of the State High Court sitting in Maiduguri, Borno. Kaka is going to spend two years in jail. There is however an option of fine.

It will be recalled that the convict was arraigned on a one-count charge bordering on criminal breach of trust and obtaining by false pretence to the tune of N16,000,000 (Sixteen Million Naira) only as a result of a criminal complaint  reported against the convict by one Ibrahim Garba Usman.

Kaka sometimes in 2017 called the complainant via mobile phone and informed him that a contract was awarded to Today’s Super Market Stores for the supply of food stuffs and other goods to Non Governmental Organizations. He said the sum of N16, 000, 000 (Sixteen Million Naira) would be required to execute the job.

The convict assured the complainant that, if he invests the said N16 million it would earn him a profit of N1.5million in less than 30 days of the investment. Upon this presentation, the complainant agreed and transferred the said N16million.

In the course of the trial, prosecution counsel, Khalid Sanusi presented seven witnesses and tendered twelve exhibits which were marked and admitted by the court.

While delivering his Judgment, Justice Umar stated that, “On the whole, I hold that the prosecution has proved the offence of cheating on you Umar Ali Kaka and consequently this court finds you guilty and you are convicted accordingly”.

M. Makita, Counsel to the convict, pleaded for leniency, and urges the court to temper justice with mercy as he is a first time offender.

According to Makinta, “the convict has shown remorse. He undertook not to commit such crime in the future, his counsel said.”

After listening to the pleas made by the convict and his counsel, Justice Umar while sentencing him said “based on Sec. 322of the Penal Code Laws of Borno State Cap 102 vol. 94. I hereby sentence you, Umar Ali Kaka to two years imprisonment for the offence of cheating with an option of fine in the sum of N 500, 000 (Five Hundred Thousand Naira) only.

Similarly, the Commission, on December 11, 2018 secured the conviction of Aliyu Ibrahim, Isiayaka Mohammed, Tukur Aliyu and a company, Marhaba Motors Nigeria Limited for offences bordering on criminal conspiracy and forgery.

The convicts were arraigned before Justice Z.B. Abubakar of the Federal High Court, sitting in Kaduna, on October 11, 2018 for selling a Space Wagon car to their victim and giving the supposedly satisfied customer, fake vehicle documents.

Their journey to jail began in 2016 when they sold a vehicle for N1, 320,000 with fake Customs duty particulars. The victim, delighted with the new vehicle was accosted by officers of the Nigeria Customs, who on routine check, discovered that he was given fake vehicle papers despite making full payment. This led to the vehicle being impounded by the officers. The victim eventually had to spend money to perfect the papers. However, efforts to get a refund, for the extra cost of making the vehicle proved abortive.

They had pleaded “not guilty” when they were arraigned, but they later changed their plea to “guilty” to an amended charge on December 11, 2018.

Justice Abubakar thus found them guilty and sentenced them to five years in prison on each of the count, but gave them an option of N50, 000 fine on each of the count. Prior to their conviction, they had initiated a plea bargain, in which they obliged to refund N1 million to the victim.

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