Court discharges businessman of fraud charge
A Chief Magistrate’s Court sitting in Ogba, Lagos, has struck out a fraud charge filed against Chief Executive Officer of Kads Farms Limited, a livestock company, Ken Ogiamien, for want of diligent prosecution.
Ogiamien was arraigned on charges of obtaining money by false pretence following a complaint by a policeman, Agha Tobias.
The complainant claimed he bought a plot of land at Isheri North residential scheme in 2006 through Ogiamien, who is also a real estate agent.
When he discovered that the land was waterlogged, he asked for a refund, but Ogiamien refused to return the money.
Ogiamien, who said he was already repaying the money, added that the land was affected by flood water, which was not the case when he sold the land.
Besides, he said he was making effort to raise money with which to fully refund Tobias when the complainant instigated his arrest.
Ogiamien pleaded not guilty to the five-count charge of fraud when he was arraigned. He said he was ready to prove his innocence.
After his arraignment, he was admitted to bail in the sum of N300,000 with two sureties.
The case was adjourned for trial and Ogiamien kept attending court. But, the complainant failed to turn up to give evidence for the prosecution.
After three adjournments without the complainant showing up, Ogiamien’s lawyer A. Nwaka applied that the case be struck out.
The lawyer said it was clear that the complainant and the prosecution had no case against his client.
The Magistrate, A. T. Omoyele, granted the application and subsequently struck out the charge.
“This charge is struck out for want of diligent prosecution and the defendant is discharged accordingly,” she held.
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