A senatorial leader of the All Progressives Congress (APC) in Ondo State South Senatorial District, Dr. Taiwo Malumi, has been discharged and acquitted by a Federal High Court sitting in Lagos, of charges of obtaining money by false pretense.
Malumi, a medical doctor and Managing Director of Funtai Limited was arraigned before the court by the Nigerian Police in 2016.
Pronouncing on the application to quash the charge filed by his counsel Ayodele Ignatius Salami, the presiding judge,
Justice Saliu Saidu said that parties are bound by their agreement as it is in this case.
The judge said that the documents and exhibits in this case shows that the minor complainant here defaulted the agreement between defendant and the complainant.
Dr Malumi have prayed the court to quash and dismiss the charge preferred against him as the case is a pure business dispute by content of the agreement of 10th November 2016 signed by both parties.
The agreement by its content is a full and final settlement of the transaction that led to this case.
In his judgement Justice Saidu said, “From the facts before the court, certain facts are very clear, that the defendant and the complainant to the police entered an agreement to settle the matter before the police which is the basis of the complaint. Further that the police who is the prosecutor in this case is aware of the intention of the parties to settle and even played some roles in the settlement.”
The intention to settle was communicated to the court by the prosecution in the cause of proceeding in this case where the commissioner of police Special Fraud Unit supervised the terms.
“I have also gone through the proof of evidence in this case. I have examined and scrutinized the same vis-a-vis the charge before the court. The factual ingredients of the charge is not reflected to disclose a prima facie case against the defendant.
Justice Saidu berated the police by saying that parties must always respect agreement and execute it.
“I hereby grant the reliefs sought by the defendant and quash the charge in this case.
In a one-count criminal charge (No.FHC/L/302C/16) filed by the Special Fraud Unit of the Nigeria Police Force, Malumi was alleged to have fraudulently obtained the sum of N40 million from one Nick Shaiyen, Managing Director of Whitehall Management Limited Company.
The said sum was allegedly obtained from the complaint through a property sold to him by Malumi. The property, identified as Unit B9, Funtai Court, 3, Ruxton Street, Ikoyi, Lagos, was falsely presented to Shaiyen as being totally free from encumbrances.
According to the prosecutor, Mr. Ekong Sunday, the alleged offense contravenes Section 1(1)(b) of the Advance Fee Fraud Related Offences Act 2016.
The APC bigwig pleaded not guilty to the charge.