Justice O.O.Abike-Fadipe of the Special Offences Court sitting in Ikeja, Lagos, on Wednesday, October 23, 2024, adjourned till December 19, 2024, the alleged N35m fraud trial involving a businessman, Ericbona Elio Ushie.
The Economic and Financial Crimes Commission, EFCC, had, on February 12, 2024, arraigned Ushie on a 13-count charge bordering on stealing, obtaining under pretense, use of false documents, forgery, and possession of fraudulent documents to the tune of N35,397,000 (Thirty-five Million Three Hundred and Ninety-seven Thousand Naira)
One of the counts reads: “Ericbona Eliom Ushie, sometime in 2023, in Lagos, within the jurisdiction of this Honourable Court, dishonestly converted the total sum of N35,397,000.00, property of Calibration and Non-destructive Services Limited for your use.”
Another count reads: “Ericbona Eliom Ushie, sometime in 2023 in Lagos, within the jurisdiction of this Honourable Court, with intent to defraud the aggregate sum of N35,397,000.00, property of Calibration and Non-destructive Services Limited under the pretence that the said sum was to secure award of contract from the Niger Delta Development Commission, NDDC.”
He pleaded “not guilty” to the charges when they were read to him.
Following his plea, prosecution counsel, Bilikisu Buhari had told the court that the prosecution would be presenting 13 witnesses to prove its case.
However, the defence counsel, C.C.Orji, informed the court of a bail application on behalf of the defendant.
During the sitting on February 26, 2024, Buhari brought to the attention of the court a viral video on social media, in which the defendant was posing from the comfort of his house at Lekki, Lagos State, grandstanding that he was never arrested, detained or sent to prison by any court.
In the video, which was shown in open court, the defendant, who was supposed to be in prison custody, was seated with a plate of jollof rice, a bottle of water, and a pack of juice at the cosy dining table of his house.
“I wasn’t arrested”, Ushie was seen in the video bragging.
Boasting further, he had retorted “It baffles me, the energy (some people) use to try to destroy…It is disheartening… I am sitting in the comfort of my house… Today is the 18th of February (2024) Sunday, and the day before yesterday was the 16th… I don’t know, one element of no commercial value posted something on Facebook; anybody can sponsor any post… and then, they go ahead to say that me, Ericbona Eliom Ushie, Honourable, (that) I am in prison… e be like say Nigeria Prisons dem don dey get prison wey dey (fine) like this [my beautiful house)”
Upon seeing the video, Justice Abike-Fadipe set aside the bail earlier granted to Ushie and granted him other bail conditions, which he could not meet.
The judge thereafter adjourned till June 20, 2024, for the defendant to refute the video evidence by the EFCC, in which he was seen grandstanding in the comfort of his house, instead of being in the custody of the Nigerian Correctional Service.
At Wednesday’s proceedings, Victor Okpara, SAN, who appeared for the defendant informed the court that he had an application for a variation of the bail conditions earlier granted to his client.
He also told the court that the defendant came to court from prison custody.
Okpara, therefore, passionately argued his application, praying to the court for a variation of the conditions attached to the bail earlier granted to the defendant. He further prayed the court to grant the variations as stated in his application.
Buhari acknowledged receipt of the said application but left the decision to the discretion of the court.
“I leave the decision to my lord’s exercise of discretion,” she said.
Justice Fadipe, therefore, granted the application brought by the defence and adjourned the matter till December 19, 2024, for trial.
