The Federal High Court, Ikoyi, Lagos, presided over by Justice Kehinde Olayiwola Ogundare, has thrown out the bail application instituted by a chartered accountant, Omafume Augustina Ayinuola.
She is standing trial before the court alongside her mother, Lydia Abosede Erhievuyere, on alleged fraud to the tune of N5,993,303,278.95 billion, and $975,102.
Justice Ogundare’s ruling on the accountant’s application, was the second, as Justice Akintayo Aluko of the same jurisdiction of the court, had on September 15, 2023, dismissed the same application earlier filed by the accountant, when she was newly arraigned on August 15, 2023, on a 15 count-charge of conspiracy, obtaining by false pretence, forgery, and fraud of the sum of N1,072, 254, 411.00 billion and $975,102.58, during the court’s long vacation.
Dismissing the chartered accountant’s bail application, Justice Aluko held that she was a flight risk, as canvassed by the prosecutor, Morufu A. Animashaun, a Legal officer at the Force Criminal Investigation Department (ForceCID) Annex, Alagbon-Ikoyi, Lagos, in the documentary exhibits.
However, upon the resumption from the long vacation, while the defendants’ case file was reassigned to Justice Ogundare, the prosecutor, Animashaun, equally amended the charge to 18 counts of conspiracy, obtaining by false pretence, forgery, and fraud of the sum of N5,993,303,278.95 billion and $975,102.58.
The prosecutor had hinted to the court that the chartered accountant and her mother, who is a teacher in Lagos State, committed the offence between 2017 and 2021 at Trailer Park, Agbara, Lagos.
The lawyer had further intimated to the judge that the defendants committed the alleged fraud against several firms, which included; Oritsetimeyin Logistics Limited, PUO Assets Limited, Resolution Capital Limited, Pine Petosan Limited, Grace Capital Limited, RsL International Limited, RsL Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited.
He further argued before Justice Ogundare that the funds were meant for the purchase and supply of consumables for the office of the firms.
The lawyer equally alleged that the accountant's mother and her firm, Patridia Resources Limited, which is also a defendant in the charge, concealed the origin of the funds that they received from Omafume.
The prosecutor further hinted to the court that the accountant’s mother used part of the alleged illicit funds to purchase and develop her family house located at 14, Irawodidia Street, Obadore, Off LASU Road, Igando, Lagos.
The counsel insisted that the defendant's actions contravened Sections 8(a); 7(1) (b)(i); 1(3) of the Advance Fee Fraud and Other Related Offences Act 2006 and punishable under Sections 1(3) and 7(2)(b) of the same Act.
The defendants pleaded not guilty to the charge.
Consequent to the defendants' plea positions, their counsel, O. Ashiru, refiled the chartered accountant’s bail application and urged the court to admit her to bail in the most liberal terms.
Ashiru also begged Justice Ogundare to allow the accountant’s mother to continue to enjoy the bail earlier granted her by Justice Aluko.
However, the prosecutor, who did not oppose the defence lawyer’s pleadings on the accountant’s mother, opposed his pleadings on the accountant’s application.
While insisting that what the counsel for the defendants ought to have done was to appeal the earlier ruling at the Court of Appeal, Animashaun urged the court to dismiss the bail application.
In his ruling, Justice Ogundare held that he could not sit on the decision of a court of coordinated jurisdiction.
As a result, Justice Ogundare dismissed the accountant’s bail application.
The case was thereafter adjourned until May 7, 2024.
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