Court Sentences Businessman to Three Years’ Imprisonment for Theft
A Lagos businessman, Nwogu-Anucha Peters, has been sentenced to three years in prison for theft.
Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, convicted and sentenced Peters for stealing N700,000 property of Obinna Ukpabi.
The judge pronounced Peters and Business Defence Solutions Limited guilty of stealing, contrary to section 390 of the Criminal Code Law Cap. C17, Vol. 2, Laws of Lagos State of Nigeria, 2003.
In the charge designated ID/4625C/2017, the federal government accused Peters of fraudulently converting the said sum to his use. The government added that as the firm’s alter ego, the convicted Peters had advertised an office space on Victoria Island, Lagos.
In his judgment, Justice Oshodi, who confirmed that the victim (Ukpabi) had indicated an interest in leasing the property from the convicted Peters through a realtor, said, “You showed the Ukpabis the property and had them sign a memorandum of understanding, collecting the sum of N700,000 from them.”
The judge added, “However, contrary to your representations, you had no legal interest in subleasing the property. Even more egregious, after collecting the money, you became incommunicado and never delivered possession of the property to the victim as agreed or refunded their money.
“You dissipated the money on 27 July 2010, the same day you received it. All evidence points to the inescapable conclusion that you obtained this money with the dishonest intention of permanently depriving the victim of it. You have been standing trial for this offence for several years since you were first arraigned in 2018.
“Your lawyers contributed to the delay by failing to attend court or being unwilling to proceed with the trial. However, the trial length cannot detract from the severity of the offence and its impact on the victim. I have also considered that you are in the custodial centre for a similar offence before another court of coordinate jurisdiction.”
The judge noted that Peters “habitually engaged in fraudulent schemes to trick unsuspecting victims of their hard-earned money.”
Oshodi stressed that the sentence “I will impose must reflect the need to prevent you from further engaging in criminal conduct that wreaks financial and emotional havoc on innocent citizens.”
He stated, “At sentencing, you showed no remorse and no regret for your crime. Considering all the above factors, I now sentence you, Nwogu-Anucha Peters, to three years imprisonment from 12 March 2018, the date of your remand by this court. As an artificial legal person, I now impose a fine of N500,000 on the second convict, Business Defence Solutions Limited, which must be paid within ninety days of this judgment.
“If the company fails to pay the fine within the stipulated time, its assets will be sold, and the proceeds will be forfeited to the Federal Government of Nigeria. Furthermore, by Section 297 of the Administration of Criminal Justice Law of Lagos State, 2015, I now make an order of restitution against both convicts, jointly and severally, in favour of the victim, Mr Obinna Ukpabi, in the sum of N700,000.”
He also ruled that this sum must be paid within 90 days of “this judgment and shall include funds standing to the credit of the convicts,” pointing out that the sentence “is without prejudice to other cases pending before different courts of coordinate jurisdictions.”
According to the charge dated March 2, 2017, but filed April 4, 2017, the prosecution had accused the defendants of stealing. They pleaded not guilty, and the trial had commenced. The prosecution called three witnesses: First City Monument Bank representative Harrison Ebishue (PW1), an estate surveyor Mrs Nkeiruka Njike (PW2), and the investigating officer, Nwikega Gbinekanu (PW3), while Peters testified as defence witness One (DW1).
Peters had pleaded not guilty before Justice Sherifat Solebo (retd.) of the same court at his first arraignment on March 12, 2018.
