A Federal High Court in Abuja has ordered that an Abuja-based lawyer, Chinedu Evaristus, be kept in detention till January 15, 2025, over his alleged involvement in a N58 million advance fee fraud.
Barrister Evaristus, who allegedly swindled a prospective house buyer, Ocheakiti Ojoje, of N58 million on the false pretext of selling a house in Abuja to him, was ordered to be detained by the Inspector General of Police.
Justice Joyce Abdulmalik issued the detention order when the lawyer was brought before her court for trial on nine-count criminal charges bordering on conspiracy and advance fee fraud.
Evaristus was put on trial along with three others who allegedly conspired and obtained N58 million from their victim on the pretext of selling to him a building in Abuja belonging to the Academic Staff Union of Universities, ASUU, University of Ibadan branch.
The three others are Olakunle Blessing Fayomi, Kingsley Awodi James and Tabitha Kwon.
The sum was allegedly obtained by the lawyer through the bank account of his law firm, Evaruth Solicitors, domiciled at Zenith Bank.
However, the trial could not proceed following the application by the Office of the Attorney General of the Federation and Minister of Justice to take over the prosecution of the four defendants from the Inspector General of Police, IGP.
Counsel to IGP, Henry Gabriel, had announced his appearance for the trial of defendants when, all of a sudden, another lawyer, Florence Umor, also announced her appearance for the same purpose.
Umor claimed to have come from the Federal Ministry of Justice and announced that the Attorney General was exercising his power under Section 174 of the 1999 Constitution to take over the matter from the police.
She said that a letter had been written to the IGP office to forward the case file to the AGF office for a review of an investigation into the alleged fraud and possible prosecution.
The Attorney General’s lawyer thereafter applied for an adjournment to enable the takeover process to be completed by the minister.
Although counsel to the police attempted to resist the takeover attempt, Justice Joyce Abdulmalik quickly reminded him of the constitutional power of the Attorney General of the Federation to do so, adding that the power is unquestionable.
The judge subsequently fixed January 15, 2025, as the return date to enable AGF and IGP to resolve the takeover issues.
Evaristus, who was brought to the court from custody, was ordered to be returned to the same place till the adjourned date.
Barrister Chinedu Evaristus was accused of using his law firm’s bank account as a conduit pipe to obtain N58 million from the victim, Ocheakiti Ojoje.
Mrs Tabitha Kwon, in a separate count, was alleged to have collected N3 million from the alleged proceed of crime to fast-track the change of ownership of the ASUU building to that of Ocheakiti Ojoje at the instance of Evaristus.
Detailed charges against them are as follows:
Count 1: “That you, Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 in Abuja, conspired amongst yourselves to commit felony to wit, obtaining money under false pretences from one Engr Ocheakiti Ojoje (m) and thereby committed an offence contrary to section 8(1) of the Advance fee fraud and other Fraud Related Offences Act, Law Of the federation of Nigeria, 2005.”
Count 2: “That you Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 in Abuja with intent to defraud Engr Ocheakiti Ojoje (m) fraudulently obtained from him the sum of fifty-eight million naira (N58, 000,000 00) paid into account Number 1012207337 Zenith Bank PLC bearing the account Name: Evaruth Solicitors, belonging to Barr. Chinedu Evaristus, on false pretext to convey and perfect the sale of a property represented as plots 9 & 10, 37 Road, Gwarinpa Estate II, belonging to Academic Staff Union of University (ASUU), a representation you know to be false and you thereby committed an offence contrary to Section 1(1)(a) and punishable under Section 1(3) both of the Advance Fee Fraud and other Fraud Related Offences Act, Law of the Federation of Nigeria, 2005.”
Count 3: “That you, Barr Chinedu Evaristus (m), between May/June 2017 at Evaruth Solicitors office in Wuse Zone 3, FCT Abuja in the Abuja Judicial Division with intent to defraud Engr Ocheakiti Ojoje (m) fraudulently obtained from him the sum of fifty-eight million naira (N58,000,000.00) paid into your account number 1012207337, Zenith Bank PLC, bearing the account name, Evaruth Solicitors and converted the sum of ten million (N10, 000, 000:00) to yourself and you thereby committed an offence contrary to Section 1[1)(a) and punishable under Section 1(3) both of the Advance Fee Fraud and other Fraud Related Offences Act, Law of the Federation of Nigeria, 2005.”
Count 4: “That you, Olakunle Blessing Fayomi (m) between May/June 2017 at Everuth Solicitors office in Wuse Zone 3, FCT Abuja in the Abuja Judicial Division, with intent to defraud Engr Ocheakiti Qjoje (m) received the sum of Eight Million Naira (N8,000, 000:00) from Barr. Chinedu Evaristus (m), which is part of the proceeds of the fraud out of the sum of fifty-eight million naira (N58, 000, 000:00) fraudulently obtained from Engr Ocheakiti Qjoje (m), for yourself and you thereby committed an offence contrary to Section 1 (1)(a) and punishable under Section 1(3) both of the Advance Fee Fraud and other Fraud Related Offences Act, Law of the Federation of Nigeria, 2005.”
Count 5: “That you, Kingsley James Awodi (m), sometime in June 2017 at Gwarinpa Estate FCT in Abuja in the Abuja Judicial Division, with intent to defraud Engr Ocheakiti Ojoje (m) received the sum of fourteen million naira (N14,000, 000.00) through your Guarantee Trust Bank PLC account number 0023482802 by one Ornale John joseph (m) now at large, which is part of the proceeds of the fraud out of the sum of fifty-eight million naira (N58, 000, 000:00) fraudulently obtained from Engr Ocheakiti Ojoje (m), for yourself and you thereby committed an offence contrary to Section 1(1)(a) and punishable under Section 1(3) both of the Advance Fee Fraud and other Fraud Related Offences Act, Law of the Federation of Nigeria, 2005.”
Count 6: “That you Thabita Kwon (f) between May/June 2017 at FCT Abuja with intent to defraud Engr Ocheakiti Ojoje (m) received the sum of three million naira (N3,000, 000:00) from Kingsley James Awode in order to aid and abet Barr Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), and Kingsley Awodi James (m), to fast-track the production of change of ownership from Academic Staff Union of University, Ibadan, Oyo chapter, to Engr Ocheakiti Ojoje, which is part of the proceed of the fraud out of the sum of fifty-eight million naira (N58, 000,000:00) fraudulently obtained from Engr. Ocheakiti Ojoje (m), and you thereby committed an offence contrary to Section 8(a) and punishable under Section 1(3) both of the Advance Fee Fraud and other Fraud Related Offences Act, Law of the Federation of Nigeria, 2005.”
Count 7: “That you, Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 in the Abuja Judicial Division, conspired amongst yourselves to commit felony to wit forging end altering of documents and thereby committed an offence contrary to Section 8(1) of the Advance Fee Fraud and other Fraud Related Offences Act, Law of the Federation of Nigeria, 2005.”
Count 8: “That you, Barr. Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 and 2016 at Evaruth Solicitors office in Wuse Zone 3, FCT, Abuja, in the Abuja Judicial Division, with intent to defraud Engr Ocheakiti Ojoje (m) fraudulently forged some documents which include letter of authority to sale property Plot 9 & 10 No 37 Road, Gwarinpa Estate II, belonging to Academic Staff of Union of University ASUU, Ibadan, Oyo chapter, Power of Attorney, certificate of property from Federal Housing Authority (FHA) Abuja and Deed of Assignment which you know to be false and with the intention that they would be acted upon as genuine and you thereby committed an offence contrary to Section 465 and punishable under Section 467 of the Criminal Code Laws of the Federation of Nigeria, 2005.”
Count 9: “That you, Barr Chinedu Evaristus (m), Olakunle Blessing Fayomi (m), Kingsley Awodi James (m), Tabitha Kwon (f) and others now at large between May/June 2017 and 2018 at Evaruth Solicitors office in Wuse Zone 3, FCT Abuja in the Abuja Judicial Division, with intent to defraud Engr Ocheakiti Ojoje (m) knowingly and fraudulently utter some false documents which include, letter of authority to sale property Plot 9 & 10, No. 37 Road, Gwarinpa Estate II, belonging to Academic Staff of Union of University, ASUU, Ibadan, Oyo chapter of ASUU, Power of Attorney, certificate of property from Federal Housing Authority (FHA) Abuja and Deed of Assignment which you know to be false and with the intention that they would be acted upon as genuine and you thereby committed an offence contrary to Section 468 and punishable under Section 467 of the Criminal Code Laws of the Federation of Nigeria 2005.”
