Micmerah Group of Companies Limited set to get justice at last over N2.6bn fraud by Citibank, 16 others; court adjourns hearing to Feb. 9

The Federal Government of Nigeria has at last re-opened N2.6 billion criminal charge against Nigeria International Bank Limited (Citi bank), its Chairman, Chief C. S. Sankey; its former Managing Director, Emeka Emuwa now Managing Director of Union Bank Plc and its Legal Adviser/Company Secretary, Mrs. Olusola Fagbure.

The 20-count charge of conspiracy, diversion of federal government's revenue into their private pockets, fraud, falsification of documents, presentation of untrue documents, making of forged documents, counterfeiting of documents, corrupt enrichment, obtaining money under false pretence, obtaining property under false pretence, fraudulent invasion of duty, conspiracy to steal, conspiracy to commit felony and untrue declaration, kicked off  last Monday at the Federal High Court, Lagos presided over by Justice Ibrahim Buba, after a writ of summon was raised against them.

The charge was filed by the Director of Public Prosecution of the Federation, Mohammed Saidu Dirim on behalf of the Attorney-General of the Federation (AGF) Abubakar Malami

Other accused persons, as contained in the charge included Peter H. Harris, Adekunle Oladosun, Okechi Emeka Egwu, Lulu Ndubuka, Kabiru Bello, J. E. Eriagbon, a principal staff of Central Bank of Nigeria, CBN; Samson Ebie, Steve Obodomechine, Mikky Dons Nigeria Limited, Mark Anaele, Chief Ariyo Oyowole Odunala, Peter Bamidele Oriade and Obianwa Chuba.

When the case was mentioned, Mr Niyi Adegbomire (SAN) announced appearance for all the accused persons, while Mr. Gordy Uche (SAN), prosecuting with Attorney-General's fiat, told the court that apart from the first accused, he unable to serve the writ of summons to all the other accused persons because some of them were evading services

The presiding judge, Justice Buba adjourned the case to February 9, this year, to enable the prosecution serve the accused persons so that they would appear in court on the adjourned date.

In the suit No. FHC/L/547C/15, the prosecution alleged that the accused persons had on or about January 31, 2001 at Lagos state within the jurisdiction of the Federal High Court, induced Micmerah International Agency Limited, by means of false pretences and with intent to defraud, delivered to themselves through the Citi bank the sum of about N250 million under the guise of being used for offsetting the purported import finance facility.

The prosecution also alleged that the accused persons had on the same date and venue, conspired to commit an offence to wit: to induce Micmerah  by means of false pretence and with intent to defraud, to deliver the sum of N55 million to Mikky Dons Nigeria Limited being money meant for payment of Customs Duty on four Volvo Luxury buses and two 40-feet containers imported into Nigeria by the said Micmerah International Agency Limited.

The prosecution further alleged that the accused persons knowingly falsified an affidavit purported to have been sworn to by one Tawa Ibikunle on April 11 2003 before Lagos State high court justice for the purpose of fraudulently effecting the release of four Volvo luxury buses and two 40-feet containers from Nigeria Customs and Exercise Department.
The accused persons were further charged in count eight for allegedly making forged document, namely union bank of Nigeria plc customs revenue receipt Nos. CRR: 092802, 092803, 092804, 092805 and 092700 for the sum N55 million naira knowing it to be false and with intent that it may be acted upon as genuine and also to defraud Micmerah International Agency Limited and the Federal Government of Nigeria.

They were also charged for conspiracy to contribute to the economic adversity of the Federal Government of Nigeria by diverting the sum of 55 million naira to themselves  being money meant for the payment of customs duty in respect of four Volvo luxury buses and two 40-feet containers, property of Micmerah International Agency Limited, adding that they equally obtained the amount by means of false pretenses, attempted to evade the payment of same amount into Government coffers and conspired to steal and corruptly enrich themselves with the same 55 million naira.


According to prosecution in one of the count charges, that you Nigeria International Bank Limited (CITIBANK), Chief C.S. Sankey ‘M’, Emeka Emuwa “M”, Peter H, Harris “M”, Adekunle Oladosun “M” Oluchi Emeka Egwu “F”, Lulu Ndubuka “F”, Kabiru Bello “M”, Mrs. Olusola Fagbure “F”, Samson Ebie “M”, and Steve Obodomechine “M”, all of No 1 Idowu Taylor Street Victoria Island Lagos, and Mikky Don Nigeria Ltd of 32-33 Rail Line Iponri Ebute Metta Lagos, Mark Anele “M”, of Akure Road Iju Ajuwan Agege Lagos, and Obianwa Chuba ‘M’ of  No. 10 Adeyemi Street Okokomiako Lagos on or about the 31st day of January 2001 at Lagos state within the jurisdiction of Federal High Court committed an offence to wit:obtained, with in tent to defraud the sum of N55 million from Micmerah International Agency Limited under false pretence that you would use the money to effect payment of customs duty on four Volvo luxurious buses and 40-feet containers imported into Nigeria by the said Micmerah International Agency Limited.


The offences, the prosecution stated, were contrary to sections 419 and 516 of the criminal code act cap C38, laws of the Federation of Nigeria 2004, sections 161(1)(a) and 162 (a)(b) of the customs and exercise management act and punishable under section 161(3) of the same act and sections 1 and 2 (1)(2)(d) of the recovery of public property special provisions act CAP R4, Laws of the Federation of Nigeria 2004 and punishable under section 10(1)(2) and (3) of the same act.

The issuance of the writ of summon against the accused persons was sequel to an approval by President Muhammadu Buhari for the Attorney-General of the Federation, AGF and Minister of Justice, Abubakar Malami SAN to re-list the case and begin a fresh charge against them for allegedly defrauding Chief Michael Emerah, an Onitsha-based business mogul and Chairman/Managing Director of Micmerah Group of Companies Limited of huge sums of money sometime in 2001 under the pretence of assisting him to import luxury buses and their new auto spare parts components.

In the fresh charge, the AGF also ordered the restoration of the Attorney-General's fiat earlier granted to the prosecution counsel, Chief Gordy Uche (SAN) to prosecute the case on behalf of the federal government but which was dropped by the former AGF, Mohammed Bello Adoke (SAN) when he discontinued the case in 2011.

The federal government had earlier instituted the charge against the accused persons in 2011, following a complaint from Emerah, the Onitsha-based businessman but the trial could not prosper because Adoke (SAN), the immediate past Attorney-General of the Federation, AGF under former President Goodluck Jonathan had entered a notice of discontinuance (Nolle prosequi) in the charge and at the same time withdrew the AGF's fiat granted to the prosecution counsel, Uche (SAN) to prosecute the case on behalf of the federal government.

However, when Buhari came on board, Emerah wrote a strongly  worded petition to him appealing that he should use his good offices to reinstate the case for the interest of justice and for the sake of his administration's anti-corruption agenda and change mantra.

In the petition to Buhari, dated June 18, 2015, entitled: "Before it is too late to save the jobs of over 1,000 employees of the Onitsha-based Micmerah International Agency Limited", Emerah said he was seeking Buhari's kind intervention for the sake of justice and to save the jobs of the over 1,000 employees at stake as the likely consequences of the liquidation of his company, if urgent steps are not taken to bring the perpetrators of economic crimes against the state.

Emerah complained that in the course of the company's business, as renowned transporters, they were lured by the accused persons to import four luxury buses and two containers of spare parts to augment the fleet and for which the company made an initial contribution of the sum of M250 million and a further sum of N107.3 to defray the entire cost of the purported import facility but unknown to them, the accused persons had a perfect plan that was brutally hatched to defraud the company, including the import duty payable to the state.  

Emerah accused the immediate past AGF, Adoke of fraudulently colluding with the accused persons in a corrupt manner to enter the notice of discontinuance (Nolle prosequi) in the previous charge and at the same time ordered the withdrawal of the AGF's fiat given to the prosecution counsel, Uche (SAN) with which to prosecute the accused persons on behalf of the federal government.

Consequently, based on the legal advice from the Deputy Director of Prosecution of the Federation, DDPF in the Federal Ministry of Justice, M. Abdullahii, before the appointment of the incumbent AGF, President Buhari directed that the case be re-opened in the interest of justice, in line with his administration's change mantra and his determination to revisit all high profile fraudulent cases, aimed at stamping out corruption within the system in all facets of the nation's economy.

Based on the order for the reinstatement of the charge and restoration of the AGF's fiat to Uche, the prosecution headed to the Federal High Court, Lagos and slammed this fresh 20-count charge of conspiracy, diversion of federal government's revenue into their private pockets, fraud, falsification of documents, presentation of untrue documents, making of forged documents, counterfeiting of documents, corrupt enrichment, obtaining money under false pretence, obtaining property under false pretence, fraudulent invasion of duty, conspiracy to steal, conspiracy to commit felony and untrue declaration against the accused persons.