Justice Ismail Ijelu of Ikeja, Lagos Special Offences Court has been told by Barrister Akin Olatunji that his client, Lagos-based businesswoman, Mrs Oluremi Ebun-Phillips who has been standing trial on a five-count charge bordering on stealing and issuance of dud cheques to the tune of N57, 690,000.00, is not guilty of the charges pressed against her by the Economic and Financial Crime Commission (EFCC).
In the trial that began on January 27, 2022, the EFCC had alleged that Mrs Ebun-Phillips, the Managing Director of OMRITAS Energy Limited fraudulently converted and stole N57.6 million of A.Y.M. Shafa Ltd’s property meant for the supply of diesel, which she failed to supply.
The EFCC also alleged that she issued a Diamond Bank cheque for N14. 2m payable to the company, which, when presented for payment, was dishonoured because no sufficient funds were standing to the credit of the account.
While delivering his final written address before Justice Ijelu on Thursday 31 October 2024, the defence counsel, Akin Olatunji said that what happened between Ebun-Phillips and A.Y.M. Shafa which EFCC turned into a criminal case was purely a civil transaction.
Olatunji said that dispute, however, arose along the line bothering on outstanding payment and breach of contract to load the petroleum product.
He, however, emphasized that the prosecutor throughout the trial failed to prove any diversion of the money paid, as the defendant showed all intent to supply the product.
On the issuance of the alleged due cheques of N14.2 million by Ebun-Phillips to A.Y.M. Shafa, Lawyer Olatunji insisted that the cheques in question were never legal tender.
Citing a plethora of authorities, the defendant’s lawyer argued that the law provides that before such cheques are presented at the bank, the person who issued the cheques must be given notice, which A.Y.M. Shafa failed to do.
In concluding his address, Barrister Akin Olatunji urged the court to dismiss the criminal charges against his client.
In his final address, the EFCC lawyer, T.J. Banjo who came alongside Ms F.S. Mohammed said the prosecution has proved in the course of the trial that Ebun-Phillips is guilty of all the charges against her, adding that there was no evidence before the court that a fund was being expected in the account after the cheques were given to A.Y.M. Shafa.
After listening to the prosecutor and the defence counsels, Justice Ijelu adjourned the case to 12 December 2024 for judgment.
It would be recalled that during the trial, the court has been told by a senior officer of Access Bank, Mr. Chibueze Chukwuma of the department of Conduct and Compliance, while being cross examined, that the signature on the four cheques allegedly presented to the complainant, A.Y.M. Shafa Limited, was not of the defender.
The Access Bank staff said there was only one signatory on the mandate card of the account with his bank which is that of Oluwasegun Johnson Omodele Phillips, the chairman of Omritas Energy Limited.
The defendant, while also testifying in the court earlier narrated that the said N57,690,000.00 represented the AGO A.Y.M. Shafa refused to load due to a crash in price at Omritas Energy Limited’s nominated depot in Akwa Ibom State.
