A Lagos State High Court sitting in Ikeja has sentenced one Chidi Nwaya to a total of 22 years’ imprisonment for obtaining N28 million by false pretence and stealing in a botched property transaction on Lagos Island.
Justice Modupe Nicol-Clay, in a judgment delivered on Wednesday, convicted Nwaya on two counts of obtaining by false pretence and stealing, ordering that the 15-year and seven-year jail terms run concurrently.
The court held that the prosecution established its case beyond reasonable doubt, describing the acts of the defendant as calculated, deliberate and deceptive.
Nwaya was arraigned in Suit No. LD/4554C/2017 by the Lagos State Government over a 2012 transaction involving a property located at No. 163A, Adeniji Adele Road, Lagos Island.
The prosecution, led by Mrs. T. Olanrewaju-Daud, told the court that the convict falsely presented himself as having the authority to sell the family property and induced the complainant, Anthony Mbachu, to part with N28 million for its purchase.
It was further alleged that after the transaction collapsed, Nwaya converted the money to his personal use.
At the trial, Mbachu told the court that he had known the defendant for several years, having initially related with him as a tenant before discussions over the sale of the property commenced.
He said Nwaya assured him that the family had consented to the sale and encouraged him to make payments in instalments.
Mbachu testified that a deed of assignment and receipts were prepared and signed by the defendant, but the sale was never concluded and the money was not refunded.
“He told me the family had agreed to sell and that I could pay in bits. I paid a total of N28m; receipts were issued, and documents were prepared, but the property was never transferred to me, and my money was not refunded,” Mbachu testified.
A police officer, ASP Bisi Awotunde, who investigated the case, informed the court that the defendant admitted collecting money from the complainant, adding that a receipt showing payment of N28 million was recovered during the investigation.
Another prosecution witness, a legal practitioner, Aloy Ezenduka, testified that he prepared the transaction documents and that Nwaya signed the deed of assignment in his presence.
He added that discrepancies later emerged during verification of the title documents.
In his defence, Nwaya admitted receiving money from Mbachu but claimed it was about N14.29 million and not N28 million.
He contended that the family never intended to sell the property, alleging that the money was eventually treated as rent, and further claimed that he signed some documents under duress.
Justice Nicol-Clay dismissed the defence, holding that the evidence before the court showed that the convict knowingly misrepresented his authority to sell the property and intentionally induced the complainant to part with his money.
“Nwaya created a make-believe that the property was for sale despite knowing that his family did not intend to sell,” the judge held.
She added that his failure to refund the money amounted to fraudulent conversion.
The court struck out the third count of forgery after the prosecution conceded that it was not proved.
In sentencing the convict, Justice Nicol-Clay found him guilty of obtaining by false pretence under Section 312(3) of the Criminal Law of Lagos State, 2011, and stealing under Section 285(5) of the same law.
Nwaya was accordingly sentenced to 15 years’ imprisonment for obtaining by false pretence and seven years for stealing, with both sentences to run concurrently.