An Ikeja special Offences court on Wednesday sentenced Ayodeji Oluokun, an assistant pastor of the Redeem Christian Church of God, RCCG, town of David Parish, Victoria Island, Lagos, to two years imprisonment for issuing 1.6 million dollar dud cheque.
Mr Oluokun was charged alongside his organization, height Petroleum enterprise Nigeria Ltd., on an amended six-matter fee bordering on issuance of dud cheque, stealing and acquiring money beneath false pretences.
Justice Oluwatoyin Taiwo, in her judgment, held that the prosecution had efficaciously proved the rate of issuance of dud cheque against the defendants.
Mr Taiwo, however, discharged and acquitted the defendants of stealing and obtaining cash under fake pretences.
“The defendant issued cheque within the sum of 1.6 million greenbacks to the nominal complainant, which become dishonoured due to the fact there was no fund in the defendant’s account.
“Issuance of cheque for loss of credit is a strict dependable offence.
“If the defendant changed into sincerely anticipating a few money till the quit of July 2014 as claimed through him, he might have waited till he acquired the cash earlier than issuing the cheque on June 24, 2014,” said Mr Taiwo.
The choose said the primary defendant knew all of those and nonetheless went beforehand to issue the cheque dated June 24, 2014.
“it is hereby inside the view of this court that the defendant become planned in issuing the dud cheque.
“he is hereby discovered responsible of counts one and two of issuance of dud cheque.
“The defendants, but, are discharged and acquitted of stealing and obtaining money beneath fake pretences as the prosecution didn’t establish the data against them,” she stated.
The judge thereafter sentenced the primary defendant to two years in jail or price of a nice of N2 million, and the second defendant to a great of N2 million.
She ordered the convict to make restitution of 1.6 million bucks to the nominal complainant within 18 months.
The defence suggest, Edoka Onyeke, in his allocutus, prayed the courtroom to furnish the convict a non-custodial sentence, adding that he changed into a pastor and will use his pastoral work as provider to humanity, via network provider.
“My lord, apart from the defendant being a primary perpetrator, if he is incarcerated, he will no longer be capable of carry out the necessary things on behalf of the second one defendant with a view to make the restitution smooth.
“the first defendant is a pastor of a church. This is a superb opportunity for him to interact in network provider as opposed to custodian sentence for you to preach the word of God.
“On a very last note, the defendant has promised to involve the nominal complainant that allows you to make the restitution,” Mr Onyeke stated.
Suggest to the financial and economic Crimes fee, EFCC, Samuel Daji, however, advised the courtroom to convict the defendants as charged.
He argued that the convict and the nominal complainant had now not been on speakme terms, thereby making the terms of restitution difficult to meet.
He additionally prayed the court docket to order the defendant to forfeit his assets in an effort to pay up the debt.
“My lord, from the proof earlier than this court docket, the defendant is not devoted. It’s been 9 precise years my lord.
“A greenback become N150 on the time the mortgage changed into granted to the defendant. The defendant does no longer even greet the nominal complainant until it is of extreme necessity.
“there’s an evidence that the defendants never need to settle this situation.
“The defence suggest said he’s a pastor. My lord, the extra cause he ought to receive a custodial sentence for you to server as deterrent to others.
“The courtroom has stated obligatory sentence. We shall be requesting restitution. I will be urging the court to reserve the defendant to forfeit his assets so that it will use it to pay his debt,” Mr Daji said.
The EFCC counsel had submitted that the defendant issued a preferred Chartered bank Nigeria Ltd. Cheque of one.6 million dollars payable to GOSL Nigeria Ltd.
He stated whilst supplied for charge, the cheque changed into dishonoured at the floor that there were no enough funds status to the credit score of the account on which the cheque turned into drawn.
The offences contravened Sections 1(1) (b) of the Dishonoured Cheques (Offences) Act, Cap D 11 laws of the Federation of Nigeria, 2004, and section 285 (1) of the crook law of Lagos state and segment 1(3) of the development rate Fraud and different Fraud related Offences. (NAN).
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