ADEGBORUWA HAS NO FRAUD CASE
In or around May 2013, our law
firm was approached by one Mrs. Sylvia Udeagbala, to represent her husband in a
criminal case. In our first appearance in court, it transpired that the
complainant in the case, Chief Leonard Okafor and the Defendant, Mr. Jonathan
Udeagbala, were from the same town. It was thus decided to settle the case
amicably out of court, and the court and the prosecutor were so informed.
THE TRUE FACTS
Mr. Jonathan Udeagbala owns a 5
bedroom duplex in Nicon Town Estate in the Lekki area of Lagos. He had a
business agreement with Chief Leonard Okafor, for telecommunications. The
business didn’t go as planned, so Chief Okafor demanded a refund of his
investments, which caused Mr. Udeagbala to issue several cheques, which were
alleged to have bounced, hence a criminal charge was filed against him in
court, in Charge No. LCD/129/2012.
Upon the intervention of our law
firm, several peace meetings were held with the complainant in the case, Chief
Okafor, and it was agreed that Mr. Udeagbala’s house in Nicon Town should be
sold or leased to offset the money outstanding in favour of Chief Okafor. Mrs.
Udeagbala then secured a tenant, Shelf Drilling Co Ltd, for a five year long
lease of about Eleven Million Naira per annum. This was disclosed to Chief
Okafor and it was agreed by the parties that the proceed of the lease be used
to offset part of the money being claimed by Chief Okafor, as follows:
1.
Chief Okafor – N35million
2.
Mr. Udeagbala – N12million
3.
Renovation of the house by the contractor chosen by the tenant – N8million
4.
Fee paid to the agent – N2.5million
5.
Legal fee paid to our office – N2.5million
The above sums were by agreement
of all the parties duly disbursed, with documentary evidence of collection.
When EFCC got to know that the said property had been let out to Shelf Drilling
for five years at the rate of N10million per annum, they told Shelf Drilling
that the earlier money paid had been forfeited. EFCC then asked Shelf Drilling
to pay N12million per annum. A sum of N24million has so far been collected by
EFCC. In fact, we are informed that as at yesterday, 10th May, 2016,
EFCC served the tenant another invoice for rent for 2016.
Part of the terms of settlement
was that Chief Okafor will withdraw his petition and criminal complaint to the
EFCC which he did through a letter of withdrawal written by his lawyers Atuegwu
Egwuatu & Associates dated 19th August, 2013, and which was
received by the EFCC on 17th September, 2013.
Consequent upon the withdrawal,
the criminal charge was dismissed by the High Court on 17th
December, 2015, in a well considered ruling delivered by Hon. Justice D.O.
Oluwayemi and the EFCC is aware of this.
At all material times, our law
firm was not aware of any interim order of attachment obtained by the EFCC on
the property. With the ruling of Hon. Justice D.O. Oluwayemi which has
dismissed the main criminal charge, there can be no subsisting order of
attachment as something cannot be placed on nothing and be expected to stand.
HIS PERSECUTION
The above transaction took place
ever before the Gen. Buhari administration. Ebun-Olu Adegboruwa Esq., has been
receiving unofficial complaints from the EFCC, about his opposition to the
Buhari administration and has ever been threatened with the above dead case. But
the threats became more rampant upon his brief in the case of Chief Government
Ekpemupolo (Tompolo) and especially Mr. Azibaola Robert, cousin of former
President Goodluck Jonathan. On May 4, 2016, our firm appeared in Tompolo’s
case at the Federal High Court, Lagos and May 4, 2016, our firm filed a suit in
court, for the release of Jonathan’s cousin. On May 5, 2016, EFCC filed a case
against Mr. Adegboruwa. So, there is no fraud case against Mr. Adegboruwa. He
is being persecuted for speaking against the Buhari regime. There is no way a
criminal case can be maintained against Mr. Adegboruwa as the criminal case
upon which the case is based has been dismissed. Mr. Adegboruwa did not collect
money for any property but acted as a mediator for settlement and he acted upon
the lawful instructions of his client.
SIGNED
ADEGBORUWA
& COMPANY
‘KOGUN
CHAMBERS, JESUS ARENA,
ITEDO
ROAD, OFF ADMIRALTY WAY,
LEKKI
PENINSULA SCHMEME 1,
LEKKI,
LAGOS, NIGERIA.
08100000758,
08100000759
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