N180m Fraud: Appeal court upholds three-year prison sentence for ex-Imo commissioner

The Court of Appeal in Owerri, Imo State, has affirmed the conviction and three-year prison sentence of Laseberry Okafor Anyanwu, a former Commissioner of Transport in the former Governor Rochas Okorocha administration, for N180 million fraud.

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The appellate court, in a unanimous judgment delivered on Wednesday, dismissed Mr Anyanwu’s appeal for lacking in merit, upholding the earlier decision of the Imo State High Court.

According to an Economic and Financial Crimes Commission (EFCC)’s press statement shared with PREMIUM TIMES on Thursday,

Mr Anyanwu was initially arraigned before the High Court on 26 November 2020.

He faced four counts of abuse of office and fraudulent diversion of N180 million.

According to the EFCC, while serving as Commissioner of Transport, Mr Anyanwu diverted the said sum from the account of the Imo State Transport Company to Oma Oil and Industries Limited, a company in which he had an interest, through what were described as phony contracts.

One of the charges detailed how Mr Anyanwu, between 6 and 7 November 2017, allegedly used his office as Chairman, Committee on Review of Imo Transport Company, to confer a corrupt advantage upon himself. He was accused of causing the transfer of N100 million from the Imo Transport Company’s account with Imo State Microfinance bank’s Polaris bank account (No: 40906668828) to Oma Oil & Industries Ltd, where he was a shareholder, director, chairman, chief executive, and signatory to the company’s bank accounts.

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Another count alleged that on 31 January 2018, Mr Anyanwu again used his office to confer a corrupt advantage upon himself by causing a transfer of N80 million, belonging to the Imo State Government, from the Imo State Ministry of Transport’s account with Polaris Bank (Account No: 40906668828) to Oma Oil & Industries Ltd.

The offences are contrary to and punishable under Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.

Mr Anyanwu had pleaded “not guilty” to the charges, leading to his trial.

During the trial, EFCC counsel, Michael Ikechukwu Ani, an Assistant Commander of the EFCC, ACE II, presented three witnesses and tendered several documents as exhibits.

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Delivering judgement on 14 March 2023, trial judge K. A. Lewanya held that the prosecution had proved its case beyond reasonable doubt.

Mr Anyanwu was convicted and sentenced to one year imprisonment each on counts 2, 3, and 4 of the charge, to run concurrently, without an option of fine. He was discharged and acquitted on count 1. The court further ordered that the N180 million in the convict’s accounts, which was already subject to interim forfeiture, be forfeited to the Imo State Government.

Dissatisfied with the judgement, Mr Anyanwu appealed to the Court of Appeal, seeking to set aside the lower court’s decision. However, in arguments against the appeal, Mr Ani urged the appellate court to uphold the judgment, maintaining that “the prosecution proved its case beyond reasonable doubts.”

In their judgement on Wednesday, the three-member panel, led by Mohammed Lawal Abubakar, held that the convict directly acquired a private interest in the management lease agreement between the Imo State Transport Company’s account and Oma Oil and Industrial Limited. The court subsequently upheld the judgment of the High Court and dismissed Mr Anyanwu’s appeal.