..As court orders Union Homes to refund N75.5m in illegal charges to Lagos firm
JOSEPH OKWUOFU , Ibadan and Blessing Omale, Abuja
Justice Bayo Taiwo of the Oyo State High Court, sitting in Ibadan has convicted and sentenced one Olayiwola Oguntade to prison for fraud.
Oguntade, a former staff member of the Joint Admission and Matriculation Board (JAMB) was arraigned by the Ibadan Zonal Directorate of the Economic and Financial Crimes Commission, EFCC on October 13, 2020 on a three-count amended charge, bordering on forgery, advance fee fraud and obtaining by false pretence to the tune of ₦10, 000, 000 (Ten Million Naira).
Count one of his reads: “That you, Olayiwola Oguntade sometimes in 2010 at Ibadan within the jurisdiction of this Honourable Court with intent to defraud obtained the sum of ₦10, 000, 000.00K (Ten Million Naira) only, by false pretence through Kola Al-Amin from Polybadan Microfinance Bank Ltd and thereby committed an offence of obtaining money by false pretence, contrary to Section 1 (i) (b) and 1 (3) of the Advance Fee Fraud and Other Related Offences Act, 2006.”
Count two reads: “That you, Olayiwola Oguntade sometimes in 2010 within the jurisdiction of this Honourable Court forged an LPO titled: Re: Supply of Internet Services, purported to have been issued by the Joint Admissions and Matriculation Board (JAMB) dated 15th October, 2010 with Ref No. JAMB/FIN/282/Vol.4/445 and thereby committed an offence of Forgery, contrary to Section 467 of the Criminal Code Law Cap 38, Laws of Oyo State, 2000.”
He pleaded “not guilty” to the charges, prompting his over four years of trial, during which prosecution counsel, Oyelakin Oyediran and Lanre Suleiman called 10 witnesses, tendered several incriminating documents against him that were admitted in evidence and urged the court to convict and sentence him accordingly.
In his judgment on January 28, 2025, Justice Taiwo, held that “the prosecution has proved its case beyond reasonable doubt and the court is convinced that the defendant is guilty of the offences filed against him by the EFCC.” He convicted and sentenced to five years imprisonment without an option of fine.
The convict who was a member of staff of the Finance and Accounts Department of JAMB began his journey to the Nigerian Correctional Center after he forged a Local Purchase Order (LPO) and Letter of Domiciliation and obtained a loan of N10million with them from Polybadan Microfinance Bank under the false pretence of executing a contract, purportedly awarded to him by JAMB for the provision of internet services.
To execute the fraud, he gave the forged documents to a friend, K. Ola Al-Amin who is a customer of the Microfinance bank to help him present them to the bank and in his own (Al-Amin’s) name. Deceived by the convict, Al-Amin secured the loan with the forged documents and also helped him transfer the sum to three different companies’ bank accounts, namely: Reeden Investment Limited, Danmarg Multiventures Company and Enrich System Nigeria Limited, provided to him by the convict on the pretext that the sums were payments to the companies for equipment and installations for the purported internet services.
However, investigations revealed that the convict had earlier issued forged LPOs to these companies and had to defraud Polybadan Microfinance Bank of the N10 million to pay back the loans he also fraudulently obtained from them.
.as Court orders Union Homes to refund N75.5m in illegal charges to Lagos firm
The Court of Appeal in Lagos has upheld a previous ruling by the Lagos State High Court, ordering Union Homes Savings and Loans Plc, a subsidiary of Union Bank Plc, to refund N75.5 million to Abimbola Foods Limited.
The sum represents excess charges and levies imposed on the private firm, with interest accruing until full repayment.
The appellate court’s decision was delivered in a lead judgment by Justice Ntong Ntong and made available to journalists in Uyo, Akwa Ibom State, on Wednesday.
The court found that Union Homes had breached the loan agreement by calling up an N18 million loan before its expiration and continuing to debit Abimbola Foods’ current account by an additional N16 million, even after terminating the transaction.
In addition to affirming the refund, the court directed Union Homes to return all title documents of properties submitted as loan collateral and awarded N200,000 in costs against the financial institution.
The judges condemned the bank’s actions, describing the excessive charges as “opprobrious, damning, and cruel,” and cautioned other banks against similar practices.
The case originated from Abimbola Foods Limited’s claims that Union Homes violated their banker-customer relationship by imposing illegal charges, liquidating the mortgage loan facility prematurely, and debiting the company’s trading account with N16 million.
The Lagos State High Court, presided over by Justice S. I. Sonaike, had ruled in favor of Abimbola Foods on September 22, 2017.
Dissatisfied with the ruling, Union Homes appealed, arguing that procedural errors regarding the amended statement of claim filed by Abimbola Foods should render the case invalid.
However, the appellate court dismissed these arguments, affirming that the amended statement was properly regularized and valid.
It also upheld forensic reports and witness testimonies that supported Abimbola Foods’ case of contract breach and excessive charges.
Justice Ntong ruled that Union Homes failed to provide credible evidence to support its counterclaims, leading the court to dismiss the appeal for lack of merit.
The appellate court upheld the original judgment without any further order for costs.
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