N2.9b fraud: No evidence showing Kenneth Amadi committed the alleged offence

“There is no evidence before the court showing that the defendant committed the alleged offences in counts one, two, three, four and five.”

By Onyewuchi Ojinnaka

The defendant in the case of N2.9 billion fraud, Mr Kenneth Ndubisi Amadi, has urged Justice Ambrose Lewis Allagoa of a Federal High Court, Lagos to uphold his ‘no case submission’, contending that he has no case to answer in the charge filed against him by the Attorney General of the Federation (AGF).

He further maintained that the prosecution through the evidence before the court has not established any prima facie case against him.

Defence counsel O.J. Akinwale moved the application dated and filed April 7, 2022, and a reply to point of law dated May 23, 2022. There was an affidavit in support of the motion and a written address with a list of authorities in support to uphold the no-case submission of the defendant.

Adumbrating on the application, the defence counsel submitted that there is no essential element of the offence charged.

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In their evidence, the witnesses testified that the N2.9 billion was not stolen, that there is no money with the defendant.

“There is no evidence before the court showing that the defendant committed the alleged offences in counts one, two, three, four and five.”

” The complainants contradicted themselves, blowing hot and cold. At one time they said the money was stolen and in the evidence of the prosecution witnesses before the court, no money was stolen”.

On the allegation of fraud, defence counsel submitted that there is no element of fraud, adding that there was no document tendered by the prosecution to establish their claim.

On the allegation of cybercrime, the prosecution did not tender any document before the court. The document tendered by the bank did not show any element of forgery by the defendant. The documents were adequately verified and confirmed by the bank.

“The answer sought by the complainant’s counsel has been answered by them. All the documents before the court also showed that there was no complainant’s money with the defendant.

“There was no proof that N2.9 billion was stolen. They testified that they received the money from AZ Petroleum and Ammasco International through the defendant.

“These companies trusted the defendant and paid him money which he paid to the 1st complainant (Eunisell Ltd).”

“My lord, this is no issue for proof by the prosecution but issue of establishing a prima facie case”, defence counsel submitted.

In totality, he contended that there is no essential element of the offence charged against the defendant.

He prayed the court to uphold the no-case application of the defendant as no prima facie case is established by the prosecution.

In her submission, the prosecution led by Aderonke Imana filed a countermotion objecting to the no-case submission of the defendant.
She urged the court to discountenance the defendant’s application and ask him to open his defence, adding that a prima facie has been established against him.

After hearing submissions of counsel, Justice Allagoa, therefore, fixed July 11 for ruling.