By Onyewuchi Ojinnaka
A Federal High Court judge, Justice Okon Abang who sat in Lagos Nigeria on Friday to deliver pending judgments, convicted and sentenced a former Acting Managing Director of Century Microfinance Bank Ltd, Robinson Olise, to a cumulative jail term of 19 years imprisonment, over N29 million fraud.
Justice Okon Abang, who was formerly in the Lagos division of the court, but now sits in the Asaba division, handed the sentence, after concluding trial in the criminal charge, which he presided in Lagos.
A five count charge against the convict, bordering on stealing, fraud, forgery, criminal breach of trust, and uttering of document was preferred against the convict by the Special Fraud Unit (SFU) of the Police.
The convict was said to have committed the fraudulent act, while acting as the bank’s head, between June 2008 and November 2009.
The prosecution stated that he converted the sum of N29 million meant to purchase Central Bank of Nigeria (CBN) Treasury Bill to his personal use.
The convict had pleaded not guilty to the charges on arraignment.
During trial, the prosecutor, Mr Chukwu Agwu, called four witnesses who testified against the convict, and also tendered several exhibits, which were all admitted by the court.
The convict on his part, did not call any witness.
Delivering judgment, Justice Abang held that the accused gave no evidence that he did not receive the said sum of money, and gave no evidence that he invested the money in CBN’s Treasury Bill.
“The prosecution has been able, to sufficiently prove the essential ingredients of the allegations against the defendant; consequently, I fInd the defendant guilty of all the counts of the charge”. the judge held.
After pronouncing the convict guilty, defence counsel, then made a plea for mercy, on behalf of the convict, and urged the court to temper justice with mercy, on the grounds that the convict was the only bread winner of his family.
Counsel added that the convict was a first time offender, who had no previous criminal records, adding that he had shown remorse.
In his response, the prosecutor, urged the court to discountenance the convict’s plea, and look at the principle of sentencing whether it is a mitigating or aggravating factor.
Handing down the sentence after the allocutus , Abang said: “I have considered the allocutus (plea for mercy) made by the convict’s counsel.
“The convict was entrusted with investors monies and he inflicted pains on the investors, who lodged their monies in his bank, while he fraudulently moved the money to his account.
“He is an avenger of evil, he is a fraudulent and lawless person; he planted thorns, he is not expected to gather flowers. Drastic situation deserves drastic solution.
“The convict is hereby sentenced to seven years imprisonment on count one, three years on count two, three years on count three, three years on count four and three years on count five.
“The terms of the sentence are to run concurrently,”
By the concurrent sentence, the convict is to spend seven years behind bars.
In the charge, the prosecution also accused the convict of fraudulently withdrawing the sum of N100, 000 for 15 months, which he claimed was security vote, without any approval and for which he was unable to account.
Furrhermore, he was said to have fraudulently diverted the sum of N9 million of different investors of the bank to his private account, and forged several bank document as cover up for his act.
The offences contravenes the provisions of Sections 390(6), 463 and 468, of the Criminal Code Cap C 38, Vol. 4 Laws of the Federation, 2008.