A 32-year-old businessman, Lateef Abayomi Hussein, was on Thursday, March 21, 2019, convicted in absentia by an Oyo State High Court after being found guilty in a fraud case prosecuted by the Economic and Financial Crimes Commission (EFCC).
Justice Mohammed Owolabi convicted Hussein over allegations that he failed to pay for 33,000 litres of diesel reportedly supplied to him by Dees Travels and Tours Limited.
The EFCC Ibadan Zonal Office had, following a petition from the complainant, arraigned Hussein on August 28, 2017, on a three-count charge bordering on stealing, obtaining money under false pretence and issuance of a dud cheque.
He was granted bail and initially attended the proceedings regularly. However, he stopped appearing in court after the case was adjourned for judgment.
Justice Owolabi had earlier fixed March 15 and March 18, 2019, for judgment but postponed the dates at Hussein’s instance. According to the court, he still failed to appear when the matter came up for judgment on March 21.
Hussein was accused of contracting Dees Travels and Tours Limited in November 2016 to supply him with 33,000 litres of diesel valued at N6,435,000.
The prosecution alleged that after receiving the product, Hussein failed to settle the outstanding payment. A Diamond Bank cheque reportedly issued by him was allegedly returned unpaid because of insufficient funds in his account.
Further efforts by the complainant to recover the money were also said to have been unsuccessful, according to the case presented before the court.
Hussein’s lawyer, Oluwaseun Fadele, told the court that he had contacted his client before both earlier judgment dates and that Hussein had assured him that he would attend the proceedings.
Counsel to the EFCC, Sanusi Galadanchi, consequently urged the court to proceed with judgment, noting that the defendant had failed to appear despite the matter having been adjourned twice at his instance.
In his judgment, Justice Owolabi found Hussein guilty on the first and second counts.
He was convicted of stealing, contrary to Section 390(9) of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria 2004, and obtaining money under false pretence, contrary to Section 1(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, and punishable under Section 1(3) of the same Act.
However, the court discharged him on the third count relating to the issuance of a dud cheque.
Following his failure to appear for judgment, the court issued a bench warrant for his arrest.
Justice Owolabi subsequently reserved sentencing until Hussein is arrested or voluntarily surrenders himself to the court.
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