Police from the Special Fraud Unit, Alagbon , Ikoyi, Lagos has re-arraigned a businessman, Mr. Emmanuel Lawrence Etuk and his company, D.M Auto Company Nigeria Limited, for allegedly duping Chanrai Nigeria Limited otherwise called Kelwaram of 14 units of Mitsubishi jeeps valued at N95 million.
In the ten count charge filed before Justice Ayokunle Faji of the Federal High Court, Lagos by Police prosecutor Mr Sam Eromosele, the defendants were alleged to have committed the offences sometimes between the months of November 2007 and April 2008 in Lagos.
Both Emmanuel and company were alleged to have conspired among themselves to commit felony to wit obtaining goods under false pretences.
The businessman was also alleged to have issued several cheques of Union Bank Plc, Zenith Bank Plc and First Bank Plc which were dishonoured due to lack of funds.
In the charge marked FHC/L/136C/2014, the defendants, D. M. Auto Company Nigeria Ltd and Emmanuel Lawrence Etuk (M) were also alleged to with intend to defraud, obtained 14 units of Mitsubishi brand new vehicles viz : (1) Mitsubishi L200 Pickup Van with Chassis No. MMBJNKBSOBD031906, (2) Mitsubishi Pickup Jeep with Chassis No. MMBINKBSO8D032305, (3) Mitsubishi L200 Pickup Jeep with Chassis No. MMBINKBSOSDO32880, (4) Mitsubishi L200 Pickup Jeep with Chassis No. MMBJNK3508D033617, (5) Mitsubishi L200 Pickup Jeep with Chassis No. MMBJNKBSOBDO34355, (6) Mitsubishi L200 4X4 Pickup Jeep with Chassis No. MMBJNKBSOBDOBZZOZ, (7) Mitsubishi L200 Pickup Jeep with Chassis No. MMBINKB407D081498, (8) Mitsubishi L200 Pickup Van with ChaSSlS N0. MMBINKB407D081581, (9) Mitsubishi lancer Saloon Car with Chassns No. JMYS’I‘CY4A8U002073, (10) Mitsubishi Pajero Jeep With Chassis No. IMYLYV97W71000195, (1]) Mitsubishi Pajero Jeep with Chassis No. IMYLRV97W81000994, (12) Mitsubishi Pajero leer with Chassis No. IMYLRV97W81001012, (13) Mitsubishi Pejero Jeep with Chassis No. IMYLRV97W81000974, (14) Mitsubishi Pajero Jeep with Chassis No.
|MYLRV97W8|000953 all valued at N95 million, from Chanrai Nigeria Limited, under the false pretense that they were willing and capable of purchasing same from her for supply to the Government of Akwa lbom State, a claim they known to be false or not believe to be true.
The offences according to the police are contrary to and punishable under Sections 8 (a) and 1(3) of the Advance fee fraud and other Fraud related offences Act 2006. And section 1(1) (a) (b) and (c) of the Dishonoured cheques (offences) Act Cap D11 Laws of the Federation of Nigeria 2004.
The defendants pleaded not guilty to the charge.
Following his not guilty plea, Justice Ayokunle Faji, ordered the prosecution to call its witness for the commencement of its case against the defendants.
In his evidence, the prosecution’ witness, Mr Olugbenga Oguntusin, Chanrai’s Human Resources and Administration Manager, told Justice Faji that he knows the defendants and that sometimes between November 2007 and April 2008, the Managing Director and Chief Executive Officer of the D.M Auto Company Nigeria Limited, Mr. Lawrence Etuk came to their office and requested for the purchase of fourteen units of brand new Mitsubishi cars which he said he would be supplying to the Government of Akwa Ibom state.
The witness said after the conclusion of discussion , Etuk issued N95 million Zenith Bank cheque to Chanrai and that the cars were delivered to him in Akwa Ibom State with the delivery note signed by him, Etuk. Adding that on due date, they called the businessman if they can present the cheque and he said yes, and upon presentation, the cheque was dishonoured for lack of insufficient funds and that when they contacted Etuk that the cheque has been dishonoured, his response was that there must have been a mix-up somewhere and that he will get back to them.
Oguntusin further told the court that Etuk issued another cheque which was also dishonoured, after which the matter was reported to the police, they gave out all the original documents including original copy of the dishonoured cheque to the police, but along the way they could not locate the originals consequent upon which an affidavit of missing documents and cheque leave was sworn to.
The defence counsel, Mr Sam Effiong objected to tendering of the photocopy of the cheque and affidavit saying the witness in his evidence have said they gave the original to the police and that it is the police that would tell the court what happened to the originals.
The defense counsel at that point asked for an adjournment.
Justice Faji while asking the defendants to continue on the bail earlier granted to them, added that a proviso that the sureties must present evidence of current tax clearance certificate and made themselves available to the Deputy Chief Registrar of the court for the purpose of verification.
Meanwhile, the matter has been adjourned till March 12, for continuation of trial.
The amended charge against the defendants read: “that you D. M. Auto Company Nig. Ltd and Emmanuel Lawrence Etuk (M) sometimes between the months of November 2007 and April 2008 in Lagos Within the jurisdiction of the Federal High Court Lagos Judicial Division did conspire amongst yourselves to commit felony to with obtaining goods under false pretences and thereby committed an offence punishable under Sections 8 (a) and 1(3) of the Advance fee fraud and other Fraud related offences Act 2006.
Count two reads: “that you D. M. Auto Company Nigeria Ltd and Emmanuel Lawrence Etuk (M) wnthin the aforementioned period, in the same Federal High Court Division, with intend to defraud did obtain the fourteen (14} units of Mitsubishi brand new vehicles viz : (1) Mitsubishi L200 Pickup Van with Chassis No. MMBJNKBSOBD031906, (2) Mitsubishi Pickup Jeep with Chassis No. MMBINKBSO8D032305, (3) Mitsubishi L200 Pickup Jeep with Chassis No. MMBINKBSOSDO32880, (4) Mitsubishi L200 Pickup Jeep with Chassis No. MMBJNK3508D033617, (5) Mitsubishi L200 Pickup Jeep with Chassis No. MMBJNKBSOBDO34355, (6) Mitsubishi L200 4X4 Pickup Jeep with Chassis No. MMBJNKBSOBDOBZZOZ, (7) Mitsubishi L200 Pickup Jeep with Chassis No. MMBINKB407D081498, (8) Mitsubishi L200 Pickup Van with ChaSSlS N0. MMBINKB407D081581, (9) Mitsubishi lancer Saloon Car with Chassns No. JMYS’I‘CY4A8U002073, (10) Mitsubishi Pajero Jeep With Chassis No. IMYLYV97W71000195, (11) Mitsubishi Pajero Jeep with Chassis No. IMYLRV97W81000994, (12) Mitsubishi Pajero leer with Chassis No. IMYLRV97W81001012, (13) Mitsubishi Pejero Jeep with Chassis No. IMYLRV97W81000974, (14) Mitsubishi Pajero Jeep with Chassis No.
|MYLRV97W8|000953 all valued at Ninety Five Million Naira (N95m) from Chanrai Nigeria Ltd. under the false pretence that you were willing and capable of purchasing same from her for supply to the Government of Akwa lbom State, a claim you know to be false or not believe to be true and thereby commuted an offence contrary to and punishable under Section 1 (1) (a) (b) (c)(2) and (3) of the Advance fee Fraud and other fraud related offences Act 2006.
Count 3 And last count reads: “that you D. M Auto Company Nigeria Limited and Emmanuel Etuk Lawrence being the Managing Director of D. M. Auto Company Nigeria Limited on the 3rd day of March, 2011 at Lagos, within the jurisdiction of the Honourable court did issue one Zenith Bank Plc Cheque No. 00000409 dated 3/3/2011 for the sum of Seven Hundred Thousand Naira (N700,000.00) only with Account Name: D. M. Auto Company Nig. Limited and Account Number 6115203827 in favour of Chanrai Nig. Limited Lagos which cheque upon presentation for payment was dishonoured for lack of sufficient funds to the credit of the said account and thereby committed an offence contrary to and punishable under Section 1(1) (a) (b) and (c) of the Dishonoured cheques (offences) Act Cap D11 Laws of the Federation of Nigeria 2004”.
