Benjamin Udeozor Osondu V. Federal Republic of Nigeria (2000)

LawGlobal-Hub Lead Judgment Report

EDOZIE, J.C.A.

The appellant, Benjamin Udeozor Osondu, was on 20th July, 1998 arraigned before the defunct Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal, Kano Zone II (hereinafter referred to as the Failed Banks Tribunal simplicitier) on allegations contained in an 8 count charges which as subsequently amended read as follows:-

“Count 1:

That you Benjamin Udeozor Osondu between the 2nd July, 1996 and the 5th August, 1996 at Lagos within the jurisdiction of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal conspired with persons unknown to commit a felony to wit, stealing the sum of $951,070.69 American Dollars, the property of PASCO (Panama) S.A and depositing it in diverse accounts at Citizens International Bank Limited, Diamond Bank Limited and Chartered Bank Limited in Lagos and thereby committed an of offence contrary to section 516 of the Criminal Code, Cap. 77, Laws of the Federation of Nigeria, 1990 read in conjunction with section 3(1)(d) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree, 1994 as amended.

Count 2:

That you Benjamin Udeozor Osondu between the 28th June, 1996 and the 1st August, 1996 at Lagos within the jurisdiction of the Failed Banks (Recovery of Debts) and other Financial Malpractices in Banks Tribunal conspired with persons unknown to forge documents to wit, letters of instructions purporting to emanate from Emmanuel Oti and addressed to Credit Suisse Geneva and thereby committed an offence contrary to section 516 of the Criminal Code, Cap. 77, Laws of the Federation of Nigeria, 1990 read in conjunction with section 3(1)(d) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree, 1994 as amended.

Court 3:

That you Benjamin Udeozor Osondu between the 2nd July, 1996 and the 5th August, 1996 at Lagos within the jurisdiction of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal stole the sum of $951,070.69 American Dollars, property of PASCO (Panama) S.A. which Naira equivalent you deposited in diverse accounts at Citizens International Bank Limited, Diamond Bank Limited and Chartered Bank Limited in Lagos and thereby committed an offence contrary to section 390(9) of the Criminal Code, Cap. 77, Laws of the Federation of Nigeria, 1990 read in conjunction with section 3(1)(d) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree, 1994 as amended.

Count 4:

That you Benjamin Udeozor Osondu between the 28th June, 1996 and 1st August, 1996 at Lagos within the jurisdiction of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal forged documents to wit letters of instruction purporting to emanate from Emmanuel Oti and addressed to Credit Suisse Geneva and thereby committed an offence contrary to section 467(2)(h) of the Criminal Code Cap 77, Laws of the Federation of Nigeria, 1990 read in conjunction with section 3(1)(d) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree, 1994 as amended.

Court 5:

That you Benjamin Udeozor Osondu between the 28th June, 1996 and 5th August, 1996 at Lagos within the jurisdiction of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal knowingly and fraudulently uttered false documents, to wit, letters of instruction purporting to emanate from Emmanuel Oti, the sole signatory of the account of PASCO(panama) S.A. at Credit Suisse Geneva intending thereby to induce the said bank to accept as genuine the purported letters of instructions and to transfer sums amounting to $951,070.69 American Dollars from the accounts of PASCO (Panama) SA which amount you obtained fraudulently and deposited the Naira equivalent into diverse accounts at Citizens International Bank Limited, Diamond Bank Limited and Chartered Bank Limited and thereby committed an offence contrary to section 468 of the Criminal Code, Cap. 77, Laws of the Federation of Nigeria, 1990 read in conjunction with section 3(1)(d) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree, 1994 as amended.

Count 6:

That you Benjamin Udeozor Osondu between the 4th February, 1996 and the 27th July, 1996 at Lagos within the jurisdiction of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal knowingly and fraudulently uttered false document to wit, Diamond Bank Limited and Chartered Bank Limited current account opening forms purporting them to be made by Bob-Manuel Modebe and Jerome Osita Eseka respectively, intending thereby to induce the said hanks to accept as a genuine transaction and to lodge and conceal from detection the sum of $95l,070.69 American Dollars or its Naira equivalent fraudulently obtained by you from the account of PASCO (Panama) S.A. at Suisse Credit Geneva and thereby committed an offence contrary to section 468 of the Criminal Code, Cap. 77, Laws of the Federation of Nigeria, 1990 read in conjunction with section 3(1)(d) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree, 1994 as amended.