NAN-H-80
Judgment
By Edith Nwapi
Abuja, Nov. 28, 2016 (NAN) An FCT High Court on Monday discharged and acquitted Mr Ikenna Okoro, who is charged with the misappropriation of N25 million.
In his ruling, Justice Peter Affen held that the prosecution failed to prove his case beyond reasonable doubt.
“Accordingly, I will issue an order discharging and acquitting the defendant, Ikenna Okoro, from the two-count charge preferred against him.
“The EFCC should release the defendant’s international passport and other items deposited on his behalf for the bail condition imposed by the court.
“The prosecution has a duty to thoroughly investigate every defence put up by the defendant in order to render it false and it is only when this is done that the trial court will be put in a vantage position to reject any such defence,’’ the judge added.
He said that it was noteworthy that the prosecution did not deem it necessary to cross examine the defendant on crucial proof of evidence on the circumstance in which a dishonoured cheque was issued by the defendant.
“Since the above evidence remains unchallenged and uncontroverted, the court is obligated as a matter of law to act on it without further ado.
“The defendant has reasonable ground to have believed that the cheque would be honoured at the time it was issued and the cheque was issued the second time and the prosecution could not ask why,’’ he held.
He also held that the complainant conceded that the N25 million she gave to the defendant was made to be invested with a group of accountants in a normal banking system for a period of 90 days.
“She received interest from the defendant at the expiration of those 90 days.
“The question that agitates my mind is whether it can be said that the defendant misappropriated the N25 million given to him and converted the same to his use,’’ he said.
The judge also held that the defendant testified that the N25 million was invested with the Easy Trade Concept Nig. Ltd for tenure of one year with interest payable every 90 days.
“The defendant tendered the receipt and agreement between him and the investment company as exhibit D13 (a) and (b) and also called the Managing Director, Mr Isreal Audu, as DW 4 who corroborated the defendant’s statement.
“But the prosecution did not deem it necessary to cross examine both the defendant and PW4, thereby rendering their testimony un-contradicted and uncontroverted.
“It had been held in a number of cases that the failure to cross examine a witness on an issue constitutes an acceptance of the truth of the evidence of that witness,’’ the judge held.
He held that the repayment cheque was given after much pressure on the complainant against the maturity date, written for the Sept. 4, 2009 and presented twice and bounced on the two occasions.
The News Agency of Nigeria (NAN) reports that Okoro was charged with dishonest misappropriation and conversion of money to his personal use, punishable under the Penal Code, CAP 532 Laws of the Federation of Nigeria 2004.
He was alleged to have issued a cheque in the sum of N25 million to the complainant, Dr (Mrs) Ada Okwosa, as a broker/agent. (NAN)
NEO/ESAN/MVO
(Edited by Abiodun Esan/Mbadiwe Okwor)