The Economic and Financial Crimes Commission, EFCC, on Monday, December 4, 2017, presented its first prosecution witness, PW1, Eddy Henshaw, an employee of Fidelity Bank Plc, in a case involving the duo of Ogbor Elliot, Managing Director, Danium Energy Services Limited and Godwin Okoronkwo, Managing Director, Petrosol Energy Limited, before Justice M.S. Hassan of the Federal High Court sitting in Ikoyi, Lagos.
The accused are being prosecuted on a 10-count charge bordering on obtaining money under false pretense, conspiracy and forgery to the tune of N7, 300,000,000 (Seven Billion, Three Million Naira).Led in evidence by the prosecution counsel, Rotimi Oyedepo, Henshaw
told the court that the bank received two letters from the EFCC requesting for the account opening package and statement of account for Danium Energy Services Limited.
The letters as well as and the attachments were tendered and admitted as exhibit P1.
The prosecution also tendered the letter addressed to the Head of Operations, EFCC, Lagos zonal office, by the complainant. The court admitted the letter together with its attachments as exhibits P2 and P3.
When asked to explain how much was disbursed by the bank to the third defendant, Danium, on November 15, 2016, as contained in exhibit P3, the witness informed the court that the sum of One Billion, Five Hundred and Seventy-three Thousand, One Hundred and Forty-six Naira (N1, 573,146,000.00) was paid into Danium Energy Services.
He further told the court that “After the bank had financed the purchase order, Danium Energy Services presented several purchase orders that were financed by the bank. Some were repaid.
“However, two of the last purchase orders were not repaid after the 21 days period, which made the bank make to enquire from the customer and Total Nigerian Plc.
“But Total claimed it could not trace any purchase order in its system. “Total said it was not liable to make payment to the bank as it did not receive any product from Danium , in respect of this particular purchase order.”
The witness also told the court that the customer had earlier confirmed to the bank that he supplied Total in its designated tank farm and requested the bank to pay the supplier. He further told the court that it was at that point that the bank realised it had been scammed.
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Justice Hassan adjourned the case to December 5, 6 and 7, 2017 forcontinuation of trial.
The accused were arrested following a complaint received by the Commission from the bank on March 17, 2017.
It was alleged that sometime between January and February, 2017, Danium had approached the bank to finance three different Purchase Orders for the sale of Automotive Gas Oil, AGO, to Total Nigeria Plc, with a cumulative value of N12, 134, 700,000(Twelve Billion One Hundred and Thirty-four Million, Seven Hundred Thousand Naira).
The bank was said to have financed two of the Purchase Orders for the sum of N4, 103, 100, 000.00 and N4, 015,800,000.009 respectively, after allegedly receiving confirmation from Total Nigeria Plc.
However, the purchase orders were discovered to have been forged when the bank approached Total Nigeria Plc for payment 21 days after financing the transaction. One of the counts reads: “ 'That you, Ogbor Kehinde Elliot, Godwin Okoronkwo , Danium Energy Services Ltd and Petrosol Energy Ltd on or about 5th day of October, 2016 in Lagos , within the jurisdiction of this honourable Court with intent to defraud conspired amongst yourselves to commit an offense, to wit: inducing Fidelity Bank Plc todeliver to Danium Energy Services Ltd the sum of N1,573,146,000.00(One Billion, Five Hundred and Seventy- three Million, One Hundred and Forty- six Thousand Naira ) under the false pretense that Total Nigerian Plc vide a letter dated 5th day of October,2016 with Ref NO: OPS/SUP/10/16/361 contracted Danium Energy services Ltd to supply 10,000 Metric Tons of Automotive Gas Oil (AGO) for the sum of N1,990,440,00.00( One Billion, Nine Hundred and Ninety Million, Four hundred and Forty Thousand Naira) any you hereby committed an offence contrary to section 8(A) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.”
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