A- 39-year-old train driver with the Nigeria Railway Corporation, Christopher Ekene Ofielu, has been sentenced to one and a half years’ imprisonment for stealing a sum of N6,995,944.
Ofielu was convicted and sentenced by Justice Rahman Oshodi of the Lagos State Special Offences Court after he found him guilty as pleaded.
The Economic and Financial Crimes Commission (EFCC) had filed one count charge of offence bordering on stealing.
The EFCC counsel, Mr. Abubakar Dambuwa, had told the court that the offence committed is punishable under Section 280 (1) (b) (f) and punishable under Section 287 of the Criminal Law of Lagos State 2015.
He pleaded guilty to one count charge when he was arraigned, and the prosecution prayed the court for a review of facts.
He said that the convict, sometime in October 2023, used his HabariPay Squad account created for criminal activity and transferred the sum of N6,995,944 into his Access Bank account 14864072356, property of HabariPay Limited.
He called an anti-graft operative, Adams Adze, who revealed that the defendant was arrested following a petition submitted by HabariPay Limited, dated September 26, 2023.
He was alleged to have capitalised on a system glitch which led to an unauthorised withdrawal to the tune of over N900,000,000.00
The prosecution witness said the defendant received proceeds of crime with the narration, HabariPay Squad, the amount received was ₦6,995,944.00
The prosecution witness also drew the court’s attention to an earlier transaction of ₦500.00 with the narration, which, according to him, was the first transaction before the principal sum was sent.
The prosecution’s witness further testified that the defendant confessed to being a member of the WhatsApp group.
Following the defendant’s guilty plea, Justice Oshodi found him guilty.
The defendant’s counsel, Mercy Akhabue, pleaded for leniency and urged the court to temper justice with mercy. Akhabue said he’s a first-time offender who is remorseful and has made an effort to return the money back into an online bank.
She added that on the premise of the commission of the offence, Access Bank placed a Post No Debit (PND) on the convict’s accounts, including a salary account and urged the court for a restoration order.
However, Justice Oshodi therefore sentenced Ofielu to one and a half years’ imprisonment with an option of fine.
Justice Oshodi said, “You are sentenced to one year and six months imprisonment for the offence of stealing. You are to pay a fine of N1.5 million in lieu of a custodial sentence.”
In addition, Oshodi further ordered that he shall make restitution of N6,995,944 to be transmitted from his Access Bank account. It shall be paid to HabariPay Limited as restitution.
He said, “All necessary documentation shall be executed within seven days from today. In line with the non-custodial sentence in proxy direction, you pay the fine of N1,500,000 in lieu of the custodial sentence. Subject to the full implementation and verification of the restitution order, the fine shall be paid at the registry of this court.
“I make an order for the restoration of your Ecobank account. Additionally, your biometric shall be registered as an offender in the offender’s database, maintained by the Lagos State judiciary.”
