A KADUNA High Court has sentenced a businessman, Gbotemi Adebiyi, to eight years’ imprisonment for obtaining N29 million under false pretence and issuing a dud cheque.
Justice Amina Shuaibu handed down the sentence on Wednesday, after Adebiyi pleaded guilty to a two-count charge filed by the Economic and Financial Crimes Commission (EFCC), Kaduna Zonal Directorate.
In her judgment, Shuaibu held that the prosecution had proved its case beyond reasonable doubt.
“It is obvious that the defendant deceived the complainant into parting with the money under false pretence and further attempted to deceive him by issuing a dud cheque,” the judge said.
She held that the defendant fraudulently converted the money to his personal use with the intention of permanently depriving the complainant of the funds.
The court convicted Adebiyi on both counts and sentenced him to three years’ imprisonment on count one and five years on count two, without an option of fine.
Shuaibu ordered that the sentences run consecutively, bringing the total prison term to eight years.
She also directed the convict to restitute the N29 million to the complainant within 30 days, failing which he would serve an additional two years’ imprisonment.
Earlier, the EFCC prosecutor, E.K. Garba, told the court that the defendant obtained a loan of N29 million from the complainant, Mr Fredrick James, and issued a post-dated Zenith Bank cheque for the same amount as repayment.
Garba said that when the complainant presented the cheque for payment, it was dishonoured due to insufficient funds in the defendant’s account.
According to the prosecution, the offences contravened the relevant provisions of the Kaduna State Penal Code, 2017.
In his allocutus, defence counsel, J.S. Nathan, urged the court to temper justice with mercy, describing the defendant as a first-time offender who had shown remorse for his actions. (NAN)
