The Special Offences Court of Lagos State in Ikeja, on Thursday, rejected the bail application by a defendant accused of defrauding a traditional ruler in Osun State of N525 million.
The Economic and Financial Crimes Commission (EFCC) said Philemon Gora allegedly used one of his front companies, Gracious Environ Workers & Planners Nigeria Limited, to obtain N525 million from the monarch from Ijesa in Osun State, Jacob Esan.
The commission alleged that Mr Gora obtained the money from the traditional ruler who is the owner of Liberitas Plc, with the assurance to help him to convert it to the United Arab Emirate, UAE, dirham.
Mr Gora allegedly reneged on the agreement with the complainant.
EFCC says its investigations showed that Mr Gora, instead, transferred the money to his various accounts as well as to some Bureaux de Change operators, who confirmed giving him the dollar equivalent in cash, which he diverted to his personal use.
A statement by EFCC’s spokesperson, Wilson Uwujaren, said the commission arrested Mr Gora in July 2021 after receiving Mr Esan’s petition.
The commission also subsequently charged Mr Gora along with an alleged collaborator, Osigwe Edison, and two firms – Gracious Environ Workers Limited and Planners Nigeria Limited
The defendants pleaded not guilty when the anti-graft agency arraigned them on December 6, 2021, on 10 counts of stealing, conspiracy to obtain by false pretence and obtaining by false pretence.
Messrs Gora and Edison argued their bail applications, which EFCC opposed, on Thursday.
After listening to the arguments of both parties and going through their submissions, the trial judge, S.O Solebo, after the hearing, rejected Mr Gora’s bail application.
“In view of the foregoing, the first defendant applicant’s application for bail is hereby rejected,” the judge said.
The judge, however, granted bail to the second defendant in the sum of N50 million, with two sureties in like sum.
One of his sureties, according to the judge, must be a property owner in Lagos with a proof of authentication of title. The second surety is to show proof of gainful employment, the judge ruled.
The court also ruled that both sureties must be resident in Lagos with proof of residency and produce evidence of three years tax payment.
Hearing
Earlier during the bail application hearing, Mr Gora’s lawyer, Mohammed Ofoku, and the lawyer representing Mr Osigwe and the two other firms, Aloy Ezenduka, had argued that the charges against their clients were bailable offences.
They said the defendants were entitled to bail and urged the court to exercise its discretion in favour of the defendants.
Opposing the bail application, however, the prosecuting counsel, Chineye Okezie, who filed a 21-paragraph counter-affidavit, urged the court to deny them bail.
The prosecution further told the judge that Mr Gora jumped bail in a separate trial on charges filed against him by the commission at the Federal Capital Territory (FCT) High Court, Abuja.
The lawyer said the defendant committed several other offences while he was on the run.
The prosecution added that it took the EFCC some efforts to later track him down and apprehend him, and ensured his attendance at his trial at the FCT High Court.
The prosecution further urged the court to take into cognisance “the gravity and severity of the offence”, which in the instance “makes the case one in which bail should not be granted as a matter of it being an economic crime that strikes at the foundation of the wellbeing of this nation”.
Charges
Mr Gora allegedly reneged on the agreement with the Osun State monarch to help him to covert to help him to convert N525 million to the United Arab Emirate, UAE, Dirham.
EFCC says its investigations showed that Mr Gora, instead, transferred the money to his various accounts as well as to some Bureaux de Change operators, who confirmed giving him the dollar equivalent in cash, which he diverted to his personal use.
The defendants are further accused of defrauding Mabilla Resource Ltd. of the sum of N140million, and Covidol Traders, UAE of the sum of N85million.
One of the counts reads: “Philemon Ibrahim Gora, Osigwe Tobechukwu Edison and Gracious Environ Workers Limited & Planners Nigeria Limited, sometime in 2021, within the jurisdiction of this Honourable Court ,and with intent to defraud ,did conspire amongst yourselves to steal the total sum of N525,000,000 (Five Hundred and Twenty-five Million Naira) property of HRH Jacob Esan.”
Another count reads: “Philemon Ibrahim Gora, Osigwe Tobechukwu Edison and Gracious Environ Workers Limited & Planners Nigeria Limited, sometime in 2021, within the jurisdiction of this Honourable Court, dishonesty converted to your own use the total sum of N300, 000,000 (Three Hundred Million Naira) property of Liberitas Plc.”
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