Except there is a last-minute change, Justice Ambrose Allagoa of the Federal High Court, Ikoyi, Lagos State, will on July 11, 2022 rule on the no-case submission made by the former chief executive officer of Eunisell Limited, Kenneth Amadi.
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He is facing a N2.9bn fraud charge slammed on him by the federal government.
In his application before the court, Amadi contended that the prosecution did not make any prima facie case against him and as such had no business being in court.
He therefore asked the judge to strike out the criminal charge against him and accordingly acquit and discharge him without any further delay.
In its response, the prosecution insisted that Justice Allagoa should discountenance the prayers of Amadi because a case had been made against him and he ought to put up a defence.
The prosecution, therefore, prayed the court to order Kenneth Amadi to open his defence.
During the Thursday and Friday, March 24 and 25, 2022 proceedings on the matter, the witnesses had confirmed before the court that Amadi made customers pay for purchases based on the company’s invoice through an account nominated by him.
Specifically, a third prosecution witness and the Deputy Commissioner of Police, DCP, Police Force Headquarters, Abuja, Ada Uche Anya, had while answering questions from the counsel to the Federal Government (FG), Aderonke Imana, informed Justice Allagoa that the police, upon further investigation, established a prima facie case of non-disclosure, breach of trust, criminal conspiracy and stealing by pretence against Amadi.
According to the DCP, “The outcome of the investigation was now forwarded to the office of the Attorney General of the Federation and Minister of Justice for further advice and recommendation.
“The defendant had tried to use the police to try to frustrate Eunisell’s complaint, including frivolous and malicious criminal charges against the complainant.
“The case was reviewed and police later withdrew charges against Eunisell.
“The Inspector-General of Police, IGP, after a thorough investigation of the petition against Kenneth Amadi sent the case file to the Attorney-General of the Federation, who confirmed that a criminal case is involved and then charged him to court.”
DCP Anya, who was working directly under a DIG, insisted that Amadi formed a parallel company, IDID Nigeria Ltd, doing the same business as his employer, Eunisell; and gave customers his company’s accounts to pay into.
Also testifying before the judge, the fourth prosecution witness, Daniel Meyachi, Chief Accountant of Ammasco International Ltd., stated that Eunisell supplied them chemicals but the then CEO, Kenneth Amadi, gave them his company accounts to pay to.
Meyachi added that he never received any invoice from Eunisell, just as he revealed that all Ammasco International Ltd received was a waybill, and though the waybill had Eunisells’ name on it, they, however, paid into IDID’s account, as directed by Amadi.
He posited that it was after Amadi’s exit that they started receiving Eunisell invoices.
On his part, an accounts officer with Access/Diamond Bank, Emmanuel Nwamagi, said when it was discovered that some monies were being paid into the company’s account without narration after an audit, Eunisell wrote the bank to find out who was sending the money.
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