Court acquits oil marketer charged with $100,000 fraud

Justice Abdulaziz Anka, of a Lagos Federal High Court, today, acquitted and discharged an oil marketer, Aleem Suleiman Olaitan, of $100,00 fraud, filed against him by the police.

In acquitting and discharging him of the four counts amended charge, filed by the Police Special Fraud Unit (PSFU), Justice Anka held that the prosecution failed woefully to prove every ingredient of the allegations beyond every reasonable doubt.

The judge also ordered that all his properties seized by the police should be released.

Olaitan, was first arraigned on March 8, 2016, on two counts of alleged false pretence and fraudulently obtaining the sum of $100, 000 from a foreign company, Topkings Partner (HK) Limited, under the pretence of supplying petroleum products, an allegation he vehemently denied and pleaded not guilty to.

Following his plea, the prosecution opened its case and called a total of seven witnesses and tendered some documents, which were admitted as exhibits by the court.

Upon conclusion of the prosecution’s case, the oil marketer opened his defence and maintained his innocence on all the amended charges.

In the amended charge, oil marketer, who operates under the name and style of Alimity Obanisare Oil And Gas Nigeria Limited, was alleged of inducing the foreign company, Topkings Partner (HK) Limited, to enter into a contract with him and falsely claimed to be a reliable businessman who could supply crude oil to them in China, by falsely telling them that he was in a joint venture with NNPC.

He was also alleged to have fraudulently obtained the sum of $100,000 through his FCMB account on the pretence that the money will be used to lift and ship the crude oil to the company in China.

He was also alleged to have forged several documents which include a Letter of Authorisation; Certificate of Quality; Certificate of Origin; Letter of Acceptance; Certificate of Compliance and a Letter of Introduction, purporting them to have emanated from NNPC and NNPC Joint Venture Operators in Bonny Island, Rivers State, which he allegedly used to defraud his victim, Topkings Partner (HK) Nigeria Limited.

The prosecution said that the offences contravened sections 1 (1) (b) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and were punishable under Section 1(3) of the same Act as well as Section 15(2)(b) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 but punishable under Section 15 (3) of the same Act.

The offences were said to also contravene section 465 of the Criminal Code, Cap C 38, Laws of the Federation of Nigeria, 2004 but punishable under Section 467 of the same Code, as well as Section 468 of the Criminal Code, Cap C 38, Laws of the Federation of Nigeria, 2004 but punishable under Section 467 of the same Code.

Responding to the allegations, the defendant consistently said that he was never an agent of the NNPC.

He also told the court that his inability to fulfill his parts of the contract with the foreign company was largely caused by Topkings Partner (HK) Limited, in fulfilling its terms of the contract.

The oil marketer, therefore, urged the court to dismiss all the charges against him.
Delivering judgment on the matter last week, Justice Anka, after analysing both parties’ submissions, and exhibits and citing a plethora of legal authorities, held that the prosecution failed to establish all the ingredients of the charges against the oil marketer.

In particular, the judge held that most of the witnesses called by the prosecution were not necessary witnesses to the matter.

Consequently, the judge held that the prosecution failed to establish the offences of obtaining by false pretence, fraud and forgery against the oil marketer.

After acquitting and discharging the defendant, the judge also ordered the PSFU to release all properties it seized in the cause of investigation and trial of the charge.