Wale Igbintade
A former Chief Executive Officer (CEO) of Eunisell Limited, Kenneth Amadi has urged Justice Ambrose Lewis Allagoa of a Federal High Court in Lagos to uphold his ‘no case submission,’ insisting that he has no case to answer in the alleged N2.9 billion charge filed against him by the Attorney General of the Federation (AGF). He further maintained that the prosecution through the evidence before the court did not establish any prima facie case against him.
Defence counsel O.J. Akinwale moved the application dated and filed April 7, 2022, and a reply to point of law dated May 23, 2022.
There was an affidavit in support of the motion and a written address with list of authorities in support to uphold the no case submission of the defendant.
The defence counsel submitted that there was no essential element of the offence charged.
He stated that prosecution witnesses while giving evidence before the court testified that the N2.9 billion was not stolen, and that there was no money with the defendant.
He said: “There is no evidence before the court showing that the defendant committed the alleged offences in counts one, two, three, four and five.
“The complainants contradicted themselves, blowing hot and cold. At one time they said money was stolen and in the evidence of the prosecution witnesses before the court, no money was stolen.”
On the allegation of fraud, the defence counsel submitted that there was no element of fraud, adding that there was no document tendered by the prosecution to establish their claim.
On the allegation of cybercrime, the prosecution did not tender any document before the court. The document tendered by the bank did not show any element of forgery by the defendant. The documents were adequately verified and confirmed by the bank.
“The answer sought by the complainant’s counsel has been answered by them. All the documents before the court also showed that there was no complainant’s money with the defendant.
“There was no proof that N2.9 billion was stolen. They testified that they received the money from AZ Petroleum and Ammasco International through the defendant.
“These companies trusted the defendant and paid him money which he paid to the 1st complainant (Eunisell Ltd).
“My lord, this is not issue for proof by the prosecution but issue of establishing a prima facie case,” defence counsel submitted.
In totality, he contended that there was no essential element of offence charged against the defendant.
He prayed the court to uphold the no case application of the defendant as no prima facie case was established by the prosecution.
In her submission, the prosecution led by Aderonke Imana filed a counter motion objecting the no case submission of the defendant.
She urged the court to discountenance the defendant’s application and ask him to open his defence, adding that a prima facie had been established against him.
After hearing submissions of counsel, Justice Allagoa therefore fixed July 11 for ruling.
