Three employees of Upstream Firm stand trial over alleged diversion of N130m
By Onyewuchi Ojinnaka
The operatives of Special Fraud Unit (PSFU) of the Nigeria Police, Ikoyi, Lagos, have arrested and charged to Court three employees of Montego Upstream Services Ltd alleged to be behind the diversion of N130, 099,967 million belonging to the company.
Those arrested by the PSFU in connection with the alleged crimes are: Philemon Obileku; Onyia Jude and Sunday Okelezo.
The three men were arraigned before the court, presided over by Justice Deinde Dipeolu, on a two-count of conspiracy and unlawful diversion of funds/price inflation.
During the arraignment of the three defendants, the prosecutor, Mr. Daniel Apochi, informed the court, that the defendants and others now at large, between the year 2022 and 2023, while working as staff of Montego Upstream Services conspired among themselves and unlawfully converted the total sum of N130, 099, 967 million.
According to the charge filed by the prosecutor, the three defendants committed the alleged crimes, by taken bribery for issuance of orders and contract price inflation.
Mr. Apochi told the court that the alleged acts of the defendants, contravened Sections 18(a) and 18(1)(2)(b) of Money Laundering (Prohibition) Act, 2011 (As Amended 2012).
However, all the defendants denied the allegations and pleaded not guilty to the two counts charge preferred against them.
Based on their not guilty plea, the prosecutor asked the court for a trial date, while also urged the court to remand the defendants in the custody of the Nigerian Correctional Services (NCoS), pending the conclusion of the matter.
But lawyer to the defendants, Ademola Olabiyi leading B. J. Adegbesan, informed the court that he has filed his clients’ bail application and same has been served on the prosecutor.
Barrister Ademola, after moving the bail application which was not opposed by the prosecutor, urged the court to admit the defendants to bail in the most liberal terms.
The defence counsel also urged the court to consider the period which his clients have been remanded in the police custody, adding that one of the defendants is in urgent need of medical attention.
Responding, the prosecutor, admitted being served with the bail application and earlier told the court that he was not opposing the application. However, he abruptly changed his words and said: “I’m opposing the application”, after being repeatedly asked by the court on his stand on the bail application.
Following the prosecutor’s change of position on the bail application, the defendants’ counsel told the court that the change of prosecutor’s stand on the bail application was not from his mind, but was told to oppose the application by the representative of the nominal complainant in the matter.
After listening to the parties’ submission on the bail application, Justice Dipeolu ordered the remand of the defendants in the custody of the Nigeria Correctional Services (NCoS), till September 20, when their bail application will be entertained and determined.
Charges against the three defendants read: “That you Philemon Obileku ‘m’, Onyia Jude ‘m’ and Sunday Okelezo ‘m’ and others still at large, sometime in year 2022 and 2023 in Lagos within the jurisdiction of this honourable court while working as staff of Montego Upstream Services did conspired amongst yourself to commit a felony to wit: fraudulent conversion of sum of N130, 099, 967 being sum obtained from Montego Upstream Services vendors as proceed of bribes or kick back for issuance of purchase orders and contract price inflation, by this conduct you there by committed on offence contrary to Section 18(a) of Money Laundering (Prohibition) Act, 2011 (As Amended 2012) and punishable under the same Act.
“That you Philemon Obileku ‘m’, Onyia Jude ‘m’ and Sunday Okelezo ‘m’ and others still at large, sometime in year 2022 and 2023 in Lagos within the jurisdiction of this honourable court while working as staff of Montego Upstream Services did directly convert to your own use and benefit the sum of N130, 099, 967 property of Montego Upstream Services, which sum you knew or reasonable ought to have known was the proceed of an unlawful act to conversion of alleged sum as bribery or kick back for issuance of orders and contract price inflation, by this conduct you there by committed on offence contrary to Section 18(1)(2)(b) of Money Laundering (Prohibition) Act, 2011 (As Amended 2012).”
