By
Tobi Godwin
The scheduled arraignment of a businessman, Kelechukwu Mbagwu, the Chief Executive Officer (CEO) of CMB Building Maintenance & Investment Company Limited, who was alleged to have defrauded Access Bank of the sum of N1, 026, 968, 433, before a Federal High Court, Lagos, could not proceed on Wednesday, due to the non-availability of the presiding judge.
The presiding judge, Justice Yellim Bogoro, who was said to be outside the jurisdiction for official assignment, had at the last hearing of the charge, fixed Wednesday, due to the absence of the businessman in court.
Mbagwu alongside his firm, CMB Building Maintenance & Investment Company Limited, were being dragged before the court by the operatives of the Police Special Fraud Unit (PSFU), Ikoyi, Lagos, on alleged conspiracy, obtaining by false pretence and N1, 026, 968, 433.00 billion fraud.
They were formerly to be arraigned before the court on February 12, but the court adjourned the matter to April 30, due to his non-appearance in court.
Again, at the resumed hearing of the matter on April 30, parties were informed that his lordship is indisposed, consequently, the matter was adjourned to July 16, for the businessman’s arraignment.
In the charge, Kelechukwu and his company, CMB Building Maintenance & Investment Company Limited, were alleged to have committed the offences sometimes in 2019.
Kelechukwu and his company were specifically alleged to have falsely presented to Access Bank an already sold property situated at Oniru in Victoria-Island, Lagos, which he used in obtaining ‘a loan facility of N1, 026, 968, 433.00 billion’, from the bank.
He was also alleged to have unlawfully converted the said N1, 026, 968, 433.00 billion, to his personal use
The offences according to the police are contrary to 8(i)(a) and 1(i)(a) and punishable under Section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, No. 14 of 2006.
The offence is also contrary to Section 18(2)(b)(d) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.
Charges against the businessman reads:“That you Kelechukwu Mbagwu ‘m’ CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019 in Lagos, within the jurisdiction of the Lagos Judicial Division of the Federal High Court, with intent to defraud did conspire to commit felony to wit: obtaining money by false pretence thereby committed offence contrary to Section 8(i)(a) and punishable under Section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, No. 14 of 2006.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos within the aforementioned judicial Division of the Federal High Court, with intent to defraud Access Bank Plc with the sum of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) did falsely presenting to the bank through its staff an officers that you were a genuine, reliable and trustworthy customer of the bank and the property situated at Oniru In Victoria Island Lagos you use to obtain loan facility from the bank belongs to you and that as at the time you presented the property’s documents to the bank, you have title to the property and that you have the power, right and authority over the said Property whereas you had already sold the property to the third party without disclosing same to the bank at the time of the transaction, Which representation you knew to be false op yid not believe to be true or which You made recklessly and thereby committed an offence contrary to Section 1(i) (a) of the Advance Fee Fraud and other fraud related offences Act No. 14 of 2006 and Punishable Under Section 1(3) of the same Act.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos State, in the aforementioned Judicial Division of Federal High Court, Lagos, did directly or indirectly converts, transfers, retains, takes possession or control of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) belonging to Access Bank Plc, which you intentionally, knowingly or reasonably ought to have known that such funds is, or forms part of the proceeds of an unlawful Act and thereby committed an offence contrary to Section 18(2)(b)(d) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.”
Charges against the businessman reads:“That you Kelechukwu Mbagwu ‘m’ CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019 in Lagos, within the jurisdiction of the Lagos Judicial Division of the Federal High Court, with intent to defraud did conspire to commit felony to wit: obtaining money by false pretence thereby committed offence contrary to Section 8(i)(a) and punishable under Section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, No. 14 of 2006.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos within the aforementioned judicial Division of the Federal High Court, with intent to defraud Access Bank Plc with the sum of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) did falsely presenting to the bank through its staff an officers that you were a genuine, reliable and trustworthy customer of the bank and the property situated at Oniru In Victoria Island Lagos you use to obtain loan facility from the bank belongs to you and that as at the time you presented the property’s documents to the bank, you have title to the property and that you have the power, right and authority over the said Property whereas you had already sold the property to the third party without disclosing same to the bank at the time of the transaction, Which representation you knew to be false op yid not believe to be true or which You made recklessly and thereby committed an offence contrary to Section 1(i) (a) of the Advance Fee Fraud and other fraud related offences Act No. 14 of 2006 and Punishable Under Section 1(3) of the same Act.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos State, in the aforementioned Judicial Division of Federal High Court, Lagos, did directly or indirectly converts, transfers, retains, takes possession or control of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) belonging to Access Bank Plc, which you intentionally, knowingly or reasonably ought to have known that such funds is, or forms part of the proceeds of an unlawful Act and thereby committed an offence contrary to Section 18(2)(b)(d) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.”
Charges against the businessman reads:“That you Kelechukwu Mbagwu ‘m’ CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019 in Lagos, within the jurisdiction of the Lagos Judicial Division of the Federal High Court, with intent to defraud did conspire to commit felony to wit: obtaining money by false pretence thereby committed offence contrary to Section 8(i)(a) and punishable under Section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, No. 14 of 2006.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos within the aforementioned judicial Division of the Federal High Court, with intent to defraud Access Bank Plc with the sum of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) did falsely presenting to the bank through its staff an officers that you were a genuine, reliable and trustworthy customer of the bank and the property situated at Oniru In Victoria Island Lagos you use to obtain loan facility from the bank belongs to you and that as at the time you presented the property’s documents to the bank, you have title to the property and that you have the power, right and authority over the said Property whereas you had already sold the property to the third party without disclosing same to the bank at the time of the transaction, Which representation you knew to be false op yid not believe to be true or which You made recklessly and thereby committed an offence contrary to Section 1(i) (a) of the Advance Fee Fraud and other fraud related offences Act No. 14 of 2006 and Punishable Under Section 1(3) of the same Act.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos State, in the aforementioned Judicial Division of Federal High Court, Lagos, did directly or indirectly converts, transfers, retains, takes possession or control of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) belonging to Access Bank Plc, which you intentionally, knowingly or reasonably ought to have known that such funds is, or forms part of the proceeds of an unlawful Act and thereby committed an offence contrary to Section 18(2)(b)(d) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.”
Charges against the businessman reads:“That you Kelechukwu Mbagwu ‘m’ CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019 in Lagos, within the jurisdiction of the Lagos Judicial Division of the Federal High Court, with intent to defraud did conspire to commit felony to wit: obtaining money by false pretence thereby committed offence contrary to Section 8(i)(a) and punishable under Section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, No. 14 of 2006.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos within the aforementioned judicial Division of the Federal High Court, with intent to defraud Access Bank Plc with the sum of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) did falsely presenting to the bank through its staff an officers that you were a genuine, reliable and trustworthy customer of the bank and the property situated at Oniru In Victoria Island Lagos you use to obtain loan facility from the bank belongs to you and that as at the time you presented the property’s documents to the bank, you have title to the property and that you have the power, right and authority over the said Property whereas you had already sold the property to the third party without disclosing same to the bank at the time of the transaction, Which representation you knew to be false op yid not believe to be true or which You made recklessly and thereby committed an offence contrary to Section 1(i) (a) of the Advance Fee Fraud and other fraud related offences Act No. 14 of 2006 and Punishable Under Section 1(3) of the same Act.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos State, in the aforementioned Judicial Division of Federal High Court, Lagos, did directly or indirectly converts, transfers, retains, takes possession or control of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) belonging to Access Bank Plc, which you intentionally, knowingly or reasonably ought to have known that such funds is, or forms part of the proceeds of an unlawful Act and thereby committed an offence contrary to Section 18(2)(b)(d) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.”
Charges against the businessman reads:“That you Kelechukwu Mbagwu ‘m’ CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019 in Lagos, within the jurisdiction of the Lagos Judicial Division of the Federal High Court, with intent to defraud did conspire to commit felony to wit: obtaining money by false pretence thereby committed offence contrary to Section 8(i)(a) and punishable under Section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, No. 14 of 2006.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos within the aforementioned judicial Division of the Federal High Court, with intent to defraud Access Bank Plc with the sum of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) did falsely presenting to the bank through its staff an officers that you were a genuine, reliable and trustworthy customer of the bank and the property situated at Oniru In Victoria Island Lagos you use to obtain loan facility from the bank belongs to you and that as at the time you presented the property’s documents to the bank, you have title to the property and that you have the power, right and authority over the said Property whereas you had already sold the property to the third party without disclosing same to the bank at the time of the transaction, Which representation you knew to be false op yid not believe to be true or which You made recklessly and thereby committed an offence contrary to Section 1(i) (a) of the Advance Fee Fraud and other fraud related offences Act No. 14 of 2006 and Punishable Under Section 1(3) of the same Act.
“That you Kelechukwu Mbagwu ‘m’ (Managing Director), CMB Building Maintenance & Investment Co. Ltd and other Directors of the Company (now at large) sometimes in 2019, in Lagos State, in the aforementioned Judicial Division of Federal High Court, Lagos, did directly or indirectly converts, transfers, retains, takes possession or control of N1, 026, 968, 433 (One Billion, Twenty Six Million, Nine Hundred and Sixty Eight Thousand, Four Hundred and Thirty Three Naira) belonging to Access Bank Plc, which you intentionally, knowingly or reasonably ought to have known that such funds is, or forms part of the proceeds of an unlawful Act and thereby committed an offence contrary to Section 18(2)(b)(d) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.”
