Court Dismisses Defendant’s No-Case Submission In Alleged N15.8m Fraud Trial In Lagos

Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos, on Monday, May 8, 2023, dismissed the No-case submission filed by one Balami Abdullahi, who is being prosecuted by the Lagos Zonal Command of the Economic and Financial Crimes Commission, EFCC, on a two-count charge bordering on obtaining by false pretence and stealing to the tune of N15, 800,000.00 (Fifteen Million, Eight Hundred Naira).

The defendant allegedly defrauded one Alhaji Buba Kimba of the said sum by falsely representing to him that he had 40,000 litres of Automotive Gas Oil to sell.

The defendant was accused of failing to deliver the product.

All efforts by the complainant to retrieve the money from him also proved abortive.

One of the counts reads: “That you, Balami Abdullahi, on or about the 24th day of December, 2018 in Lagos, within the Ikeja Judicial Division, with intent to defraud, knowingly obtained the aggregate sum of N15, 800, 000. 00 (Fifteen Million Eight Hundred Naira Only) from one Alhaji Buba Kimba under the false pretence that the said sum represented the cost for the sale of 40, 000 litres of Automotive Gas Oil, which you had and ready to sell and deliver to the said Alhaji Buba Kimba and thereby committed an offence contrary to Section 1(1) (a) and 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 14 of 2006.” 

He pleaded "not guilty" to the charges, when he was first arraigned by the EFCC on Friday, December 13, 2019 before Justice Dada on two counts bordering on obtaining by false pretence and stealing to the tune of N15, 800,000. 

In the course of the trial, the prosecution counsel, Bilikisu Buhari, called three witnesses through whom several documentary evidence were presented in court and thereafter closed its case in November 2022.

Rather than open his defence, the defendant opted to file a no-case submission. 

Ruling on the no-case submission, Justice Dada dismissed it as lacking in merit, noting that a prima facie case had been established by the prosecution linking the defendant to the alleged offence.

"The no-case submission fails and is hereby dismissed and the defendant is called upon to open his case," Justice Dada ruled.

The case has been adjourned till Monday, July 10, 2023 for defence.