A prosecution witness, Jonathan Uwota, on Wednesday, October 3, 2018, told Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos, how a serial fraudster, Emmanuel Nwude, forged documents to deal in forfeited properties.
Nwude is standing trial alongside Emmanuel Ilechukwu and Rowland Kalu on a 15-count charge of forgery and dealing in forfeited properties.
One of the counts reads: โThat you, Emmanuel Nwude, Emmanuel Ilechukwu and Rowland Kalu, on or about 12th day of January 2011 at Lagos, within the Ikeja Judicial Division, conspired to forge a Power of Attorney dated 12th day of January 2011, issued in the name of Mankris Venture Limited purporting that Mankris Venture Limited is the owner of Plot Y, Mobolaji Johnson Street, Oregun, Alausa Lagos, whereas you knew that the property was forfeited to the victims of crimes as restitution in the judgment delivered on 18th day of 2005 by Honourable Justice Joseph Oyewole in ID/92c/04- FRN vs. Emmanuel Nwude & six others and the victims subsequently sold the property to Rossab Industrial Design Limited and Rossab Industrial Limited later assigned to G.C. Nweze and Company Limited and committed an offence contrary to Section 467(2)(m) of the Criminal Code Law Cap C17, Lagos State, 2003.โ
Led in evidence by the prosecution counsel, Nnaemeka Omewa, Uwota , who was the Company Secretary and Legal Adviser, G.C. Nweze & Company Limited, told the court that sometime in 2012, his former principal, A.C. Tagbo, informed him that the company was interested in buying a property known and referred to as Plot 38B, Mobolaji Johnson, Alausa, Ikeja, Lagos.
In his testimony, he said: โMy principal handed over to me copies of the relevant documents on the property and instructed me to go to the Lagos State Land Registry and conduct a search on the documents to ascertain if they were genuine.
โI got to the Land Registry and applied for a search; in the course of the search, I discovered that the property was originally owned by Freight Agencies Nigeria Limited, who had the Certificate of Occupancy, C/O, over the property. The search also revealed that the agency had signed its interest over a portion of the property covered by the C/O to Emrous Autos Nigeria Limited, through a Deed of Assignment.
โI also discovered that there was a Lagos State judgment with Suit No ID/92C/2004 endorsed on Emrous Autos Title by the registry. I read the judgment and realized that the property in question was one of the properties forfeited as restitution to the victims of a fraud perpetrated by the first defendant and other parties in the judgment.
โI equally realized that the victims of the fraud had assigned their rights and interest to Rosaab International Ltd through a Deed of Assignment and was also registered in the Lands Registry.
โThereafter, I proceeded to the Lagos State High Court to verify and ascertain the genuineness of the judgment.
โAt the High Court, I confirmed that the judgment was genuine and also saw the processes filed in respect of the matter, including further amended information dated November 18, 2005. I saw a settlement of agreement between the first defendant and the victims of the crime.
โBased on the search, I went back to my office to brief my Principal and he ( the Principal) called the Managing Director of G.C. Nweze & Company Nigeria Limited and advised him to go ahead and consummate the transaction.
Giving further testimony, the witness said: โWe entered negotiations with Rosaab Nigeria Limited and agreed on price and other terms. One of the terms was that after the consummation, we will lease back part of the property measuring approximately 300 square metres to Rosaab for their office use.
โAfter the payment of the consummation, G.C. Nweze and Rosaab executed a Deed of Assignment in respect of the transaction. They also executed a Deed of Assignment for a tenure of 50 years for the portion of the property that was leased to Rosaab.
โAlso, they executed a contract of sale agreement that captured other terms not stated in the Deed of Assignment.
โUpon consummation, we proceeded to perfect G.C. Nwezeโs title to the property at the Lagos State Land Registry.โ
Uwota further told the court that โFrom the date of purchase in 2010 up to January 29, 2014, G.C. Nweze had quiet and peaceful enjoyment of the property. It was, however, cut short on January 30, 2014 when Rosaab Limited that was already enjoying the Deed of Lease called that there were Sheriffs from the High Court and Police in the premises of the property. They informed us that the Sheriffs came to execute in respect of a Magistrate Court order.
โI went to the property and saw a host of Sheriffs, court officials and policemen. I also saw the second defendant, Emmanuel Ilechukwu, for the first time. I approached the leader of the Sheriff to get an explanation for their actions and he gave me the copy of a Magistrate Court judgment between Mankris Ventures Limited and Rosaab Industrial Design.
โThe judgment was delivered by Magistrate Abimbola Komolafe. While I was talking with them, they were removing properties of Rosaab from the building.
โI conferred with the solicitor of Rosaab, who was in the premises and we decided to come to Ikeja Magistrate Court to confirm the authenticity of the judgment. On getting there, we discovered that it was genuine. We also saw processes that were filed and used in obtaining the judgment, including notices to quit the premises all issued by the third defendant, Rowland Kalu, informing Rosaab Industrial Design that he had been appointed as Attorney to manage the property. We also saw the said Power of Attorney dated January 12, 2011 issued by Mankriss Ventures Limited to him (Kalu) to, among other things, manage and sell the property in question.
โRosaab , thereafter, applied to the Magistrate court to have the judgment set aside.
โThe second defendant, however, brought in another application, urging the court to set aside the ruling setting aside the judgment.
โAfter observing the proceedings in the court, G.C. Nweze & Company Limited instructed his counsel, Odinaka Obiora & Associates, to take actions with the view to arresting the ugly situation.
โOdinaka Obiora & Associate filed an application for G.C .Nweze to be joined as a party in the suit at the Magistrate court. They furthermore filed another application at the Lagos State High Court for judicial review of all actions and decisions taken at the Magistrate Court.
โThe High Court granted an order of the stay of proceedings at the Magistrate pending the determination of the application.
โHowever, the judge, in his wisdom, ruled that our application was premature and we should allow the Magistrate court to conclude deliberations on our application.
โWe appealed the ruling at the Court of Appeal and it is still pending.
โWhile all this went on, the defendants were unrelenting in their quest to repossess the property. They filed all sorts of petitions at different police stations against G.C. Nweze and Rosaab. We honoured invitations from the Special Anti Robbery Squad, SARS, Police Command, Onikan and Force Headquarters, Abuja.
โAs a result of the constant harassment, Rosaab International Ltd was forced to surrender its lease, as it could not recover from the execution of the property.
โThe defendants furthermore filed a petition against Rosaab and G.C. Nweze to the EFCC.
โWe received a letter of invitation for a fact-finding interview. We honoured the interview and made statements at the EFCC. After the interview, we were told the matter would be investigated.
โWhile investigation was ongoing, on July 14, 2017, the defendants attempted to use the same judgment set aside by the Magistrate Court to levy execution on the property.
โIn view of this, G.C. Nweze instructed his counsel again to file a counter-petition against the defendants and Mankris Ventures to the EFCC.
โThe petition was written and acknowledged by the EFCC, which culminated in this matter in court today.
โFor the record, G.C. Nweze instructed another of its solicitors to file a civil suit at the Lagos State High Court against Mankris Ventures for declaration of title, in addition to seeking other injunctive reliefs.
โThe High Court granted an order of status quo and as of this moment, G.C. Nweze remains in possession of the propertyโ, he said.
The prosecution counsel tendered all the documents listed by the witness in his evidence, which were all admitted as exhibits by the court.
Justice Dada adjourned the matter to October 9, 2018 for cross-examination of the witness and continuation of trial.
