By Abraham Olatunbosun
Barring any last-minute change, Justice Ambrose Allagoa of a Federal High Court sitting in Ikoyi, Lagos State, Nigeria, will deliver a ruling on the no-case submission filed by the former Chief Executive Officer, CEO, of Eunisell Limited, Kenneth Amadi, confronting the N2.9bn fraud charge, slammed against him by the Federal Government, on July 11, 2022.
In his application before the court, Kenneth Amadi is contending that the prosecution has not been able to make any prima facie case against him and as such has no business being in court.
He is therefore asking the judge to strike out the criminal charge against him and accordingly acquit and discharge him without any further delay.
In responding, the prosecution had insisted that Justice Allagoa should discountenance the prayers of Kenneth Amadi because a case has been made against him and that he ought to put up a defence.
The prosecution therefore, prayed the court to order Kenneth Amadi to open his defence.
It would be recalled that during the Thursday and Friday, March 24 and 25, 2022 proceedings on the matter, witnesses had confirmed before Justice Ambrose Allagoa that the former CEO made customers pay for purchases based on the company’s invoice through an account nominated by him.
Specifically, a third prosecution witness and the Deputy Commissioner of Police, DCP, Police Force Headquarters, Abuja, Ada Uche Anya, had while answering questions from the counsel to the Federal Government (FG), Aderonke Imana, informed Justice Allagoa that the police, upon further investigation, established a prima facie case of non-disclosure, breach of trust, criminal conspiracy and stealing by pretence against Amadi.
According to the DCP: “The outcome of the investigation was now forwarded to the office of the Attorney General of the Federation and Minister of Justice for further advice and recommendation.
“The defendant had tried to use the police to frustrate Eunisell’s complaint, including frivolous and malicious criminal charges against the complainant.
“The case was reviewed and police later withdrew charges against Eunisell.
“The Inspector-General of Police, IGP, after a thorough investigation of the petition against Kenneth Amadi sent the case file to the Attorney-General of the Federation, who confirmed that a criminal case is involved and then charged him to court.”
DCP Anya, who was working directly under a DIG, insisted that Amadi formed a parallel company, IDID Nigeria Ltd, doing the same business as his employer, Eunisell; and gave customers his company’s accounts to pay into.
Also testifying before the judge, the fourth prosecution witness, Daniel Meyachi, Chief Accountant of Ammasco International Ltd., stated that Eunisell supplied them chemicals but the then CEO, Kenneth Amadi, gave them his company accounts to pay to.
Meyachi added that he never received any invoice from Eunisell, just as he revealed that all Ammasco International Ltd received was a waybill, and though the waybill had Eunisells’ name on it, they, however, paid into IDID’s account, as directed by Amadi.
He equally posited that it was after Amadi’s exit that they started receiving Eunisell invoices.
On his part, an Accounts Officer with Access/Diamond Bank, Emmanuel Nwamagi, said when it was discovered that some monies were being paid into the company’s account without narration after an audit, Eunisell wrote the bank to find out who was sending the money.
“Upon investigation, the bank discovered the payments were being made by Mr Kenneth Amadi, Mrs Happiness Amadi and IDID Nigeria Limited,” he said.
Specifically, Kenneth Amadi and his company, IDID Nigeria Limited, are being tried before the court on a five-count charge of conspiracy and fraud to the tune of N2.9 billion.
The charges against the defendants include receiving and obtaining by false pretence, with intent to defraud, the sum of N2.9 billion belonging to Eunisell Ltd, from A-Z Petroleum Ltd and AMMASCO International Ltd; omitting making full and true entry thereof in the books and accounts; suppression of data in respect of the financial transfer to Eunisell Ltd; and converting the same amount without authority to create sufficient deposits to promote the credibility of his own company (IDID Nigeria Limited).
According to the prosecution, the offences are contrary to Section 1(1)(a) of the Advance Fee Fraud and other fraud-related Offences Act, Cap A6, Laws of the Federation of Nigeria, 2004 and punishable under Section 1(3) of the same Act.
