A Federal High Court sitting in Ibadan, Oyo State, on Monday, subpoenaed an officer of the Nigerian Correctional Service, Deputy Superintendent of the Correction (DSC) J.O. Oyaleke over his failure to produce in court, one Otuyalo Oluwadamilola, a defendant who is being prosecuted by the Ibadan Zonal Command of the Economic and Financial Crimes Commission, EFCC, and remanded by the court for his involvement in cybercrimes to the tune of £45,000 (Forty-Five Thousand Pounds Sterling).
Oyaleke, was served with the “summon” on February 25, 2022 to come and testify about the whereabouts of the defendant. The officer who is attached to Justice Uche Agomoh’s court and charged with the responsibility of producing any defendant remanded by same court failed to produce the defendant on the 2nd of December, 2021 which had been slated for commencement of trial.
When asked by the court about the whereabouts of the defendant, Oyaleke told the court that the defendant was amongst the 401 inmates who fled Abolongo Correctional facility on October 22, 2021 during an attack by some bandits.
He further told the court that the Oyo State office of the Nigerian Correctional Service is working with relevant agencies to ensure the re-arrest of the fleeing defendant.
The defendant was arraigned sometime last year on five-count charge for internet fraud and he pleaded “not guilty” to the charges preferred against him by the EFCC.
One of the counts reads: “That you, Otuyalo Oluwadamilola, between August, 2017 to September, 2017 within the jurisdiction of this Honourable Court took possession of the aggregate sum of N16, 638, 000.00 (Sixteen Million, Six Hundred and Thirty-eight Thousand Naira Only) paid into your account with Zenith Bank Plc-1005137906 under the disguise that the said sum was for a business transaction when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity, to wit: Internet Fraud, and hereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15 (3) of the same Act.”
Justice Agomoh however, adjourned the matter till June 29, 2022, for mention.
In a related development, the Ibadan Zonal Command of the Economic and Financial Crimes Commission, EFCC, on Monday, February 28, 2022, secured the conviction of the trio of Elegushi Mumuni Abiodun, Abdullahi Umar Faruq and Abiola Gabriel Oladimeji before Justice Uche Agomoh of the Federal High Court, sitting in Ibadan, Oyo State, on separate charges bordering on impersonation, contrary to Section 22 (2) (b) (i) of the Cybercrimes (Prohibition, Prevention etc.) Act 2015 and punishable under the same Section.
They pleaded “guilty” to the charges preferred against them by the EFCC.
Consequently, the prosecution counsel reviewed the facts of the cases and urged the court to convict and sentence the defendants as charged.
Justice Agomoh thereafter, convicted and sentenced Abiodun to seven months imprisonment; Faruq, eighteen months imprisonment and Oladimieji, nine months imprisonment.
The court ordered that Elegushi pay the sum of $550 (Five Hundred and Fifty United States Dollars), and forfeit one iPhone X mobile phone to the Federal Government of Nigeria.
Also, Abdullahi was ordered to restitute N500, 000.00 (Five Hundred Thousand Naira) to his victim and forfeit one iPhone 11 Pro Max and N1, 679, 845.44 (One Million, Six Hundred and Seventy Nine Thousand, Eight Hundred and Forty Five Naira, Forty Four Kobo) found in his Ecobank account to the Federal Government of Nigeria.
Abiola is to restitute $500USD (Five Hundred United States Dollars) to his victim and forfeit one iPhone 11 Pro mobile phone to the Nigerian Government.
