Justice Sikiru Oyinloye in Ilorin has issued a warrant of arrest against a Lagos-based businessman, Isiaka Jimoh, following his absence in court to face an alleged N155 million fraud charge.
Jimoh and his company, Chemtech Chemicals Limited had been standing trial at a Kwara High court on a two-count charge of obtaining N155 million under false pretence. The case was instituted by the Economic and Financial Crimes Commission (EFCC) in September 2019.
The EFCC’s charge against the accused reads: “That Jimoh and his company between July 4 and July 17, 2017, with intent to defraud, obtained the sum of N155 million from one Azeez Taiwo of Manabiz Ventures under the pretext that the money represented part payment for the supply of 1,000,000 litres of base oil”
It says the defendant committed an offence contrary to Section 1 (1) and punishable under Section 1 of the Advance Fee fraud and other fraud offences Act.
But at the resumed hearing of the case on Wednesday, Adeola Omotunde, Counsel to the defendant, told the court that his client was critically ill and had to be flown abroad on Dec. 20, 2019, for treatment. He urged the court to adjourn the matter until a later date for cross examination of the witness.
However, the EFCC Counsel, Mr Christopher Mschelia, raised objection to the absence of the defendant who he said had violated the bail conditions granted to him. Accordimg to him, “Part of his bail condition is that he must be available for his trial. I urge this honourable court to revoke the bail granted to him and order that bench warrant be issued against him,” Mschelia said.
While ruling on the oral application, Justice Sikiru Oyinloye, said there was no proper notification before the court to show why the defendant would not be present for his trial on Wednesday.
“The defendant has violated Section 191 of the Administration of Criminal Justice Act, Law of Kwara State. There was no letter informing this honourable court about the illness of the defendant.
“Any person on bail is enjoying limited freedom. I see no reason why this court should not be notified about his whereabouts.
“The bail of the defendant is hereby revoked, the EFCC is directed to arrest and produce the defendant in court.
“The sureties should appear in court at the next adjourned date to show cause why they should not be charged for contempt,” Oyinloye said.
The case was adjourned till Feb. 5.
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