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419: Ikeja High Court Judge Discharges, Acquits Two
By Abimbola Akosile

An Ikeja High Court judge, Justice Kudirat Kekere-Ekun (Mrs.), has discharged and acquitted two persons standing trial for alleged advance fee fraud and conspiracy, due to prosecution's failure to prove their allegations against them.

The two accused persons, Mr. AbdulLateef Olawoyin, and Olaolu Dada, who were first arraigned in April this year, were accused by the Economic and Financial Crimes Commission (EFCC) of conspiracy and obtaining various sums of money by false pretences from one Victoria Iyoha four times between February 2002 - June 2003, contrary to Section 2(b) of the Advance Fee Fraud Act No. 13 of 1995.

In the suit with Charge No. 1D/85C/2004 filed by Mr. M.S. Hassan, sums allegedly obtained by the accused persons from Iyoha include N400,000, N300,000, and N194,000, totalling N894,000; by falsely pretending that said money will be used to perform some rituals so that the spirit will release some boxes containing dollars sent to her (Iyoha) by her late mother.

Following submissions by both counsel in the matter, Justice Kekere -Ekun had ruled, "I have considered both the oral and documentary evidence of both counsels. The two issues before the court in this matter are whether the accused persons conspired with other persons now at large to obtain money from prosecution witness (PW2 - Iyoha), and whether a sum of N894,000 was obtained from her under false pretences".

Kekere-Ekun ruled that the prosecution had failed to prove its allegations of conspiracy against the accused persons. She pointed out conflicting issues between complainant's evidence and what had actually happened, as regards when she met them and when the crime actually took place.


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