Court orders businesswoman, company to defend alleged N110m fraud charges

Court orders businesswoman, company to defend alleged N110m fraud charges

In a significant development on Wednesday, October 4, 2023, Justice O.O. Abike-Fadipe of the Special Offences Court, situated in Ikeja, Lagos, has mandated businesswoman Portia Emilia and her company, Savanah Crest Investment Limited, to present their defenses in an alleged N110 million fraud case brought against them by the Economic and Financial Crimes Commission (EFCC).

The defendants, Portia Emilia and Savanah Crest Investment Limited, were previously re-arraigned on March 16, 2023, facing amended five-count charges. These charges encompassed conspiracy to steal, as stipulated in Section 411 and punishable under Section 287 (5) of the Criminal Law of Lagos State 2015; obtaining money and property through false pretenses, as defined by Section 1(1)(2) and 1(3) of the Advance Fee Fraud and Other Related Fraud Offences Act 2006; stealing, as per Section 280(1)(12)8(7), 285(1), and 278(1)b) of the Criminal Laws of Lagos State, 2011; and retaining stolen property, in accordance with Section 328 (1) of the Criminal Law of Lagos State 2015.

One of the counts in the charges specifically alleged that “Portia Anthony Emilia and Savanah Crest Investment Limited, sometime in 2018 in Lagos, within the jurisdiction of this Honourable Court, with intent to defraud, stole and dishonestly converted to your own the sum of N40,000,000.00 (Forty Million Naira only).”

Another count read, “Portia Anthony Emilia and Savanah Crest Investment Limited, sometime in 2018 in Lagos, within the jurisdiction of this Honourable Court, with intent to defraud, fraudulently obtained the sum of N20,000,000.00 (Twenty Million Naira) from one Wendy Daniel.”

Emilia, who also represented her company, pleaded “not guilty” to all the charges.

During the course of the trial, the prosecution counsel, F. Ofoma, presented two witnesses who testified and tendered numerous documents as evidence. The prosecution subsequently concluded its case on March 16, 2023. However, instead of presenting their defense, the defense counsel, J.J. Amodu, submitted a no-case submission, contending that his clients were not required to provide any further response despite the evidence presented by the EFCC.

In response to the defendants’ no-case submission, Justice Abike-Fadipe rendered a ruling on Wednesday. She asserted that the prosecution had successfully established a prima facie case against the defendants on all counts, thus necessitating them to provide their side of the story.

Justice Abike-Fadipe stated, “I am satisfied that the prosecution has established a prima facie case, which the defendants are called upon to answer. The no-case submission is hereby overruled, and the defendants are called upon to enter their defense.”

Furthermore, the judge scheduled the next proceedings for January 18 and 25, 2024, as well as February 1, 2024. This case continues to garner attention as it unfolds in the Nigerian legal landscape.

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