The court rejected withdrawal of charges against Sunday Eboh.
An
Ogudu Magistrates’ Court in Lagos on Friday struck out an application
for the withdrawal of a N710, 000 fraud charge against a Choir Director
of the Christ Embassy Church, Lagos.
The police had on May 15
arraigned the director, Sunday Eboh, who allegedly defrauded another
member of the church, David Egaifa, under false pretences of helping him
to purchase a Toyota bus.
Chief Magistrate Omolade Awope struck out the application when Egaifa exhibited ignorance of implications of the withdrawal.
The
complainant, who had earlier agreed with the accused to withdraw the
suit, told court on Friday that he was not properly enlightened on the
implications of withdrawing the case.
Mr. Egaife made this known
after the prosecutor, Corporal Adekemi Adeniran, told him that he would
not be able to bring back the case once withdrawn.
“Madam, it is
during this section that I learnt I can’t come back for the same case
after withdrawal, but I was told that l can re-arrest Eboh if he refuses
to pay my money.
“My Lord, l don’t want withdrawal again. I withdraw my application,” Mr. Egaifa said.
The choir director, who lives at No. 11, Church St., Ketu, Lagos, is facing a two-count charge of false pretence and stealing.
He had pleaded not guilty on arraignment, and was granted bail in the sum of N200, 000 with two sureties in like sum.
The prosecutor said that he committed the offences in February, 2012 at 12:30 p.m., at the Christ Embassy Church, Ketu, Lagos.
“The
accused told the complainant that his relatives are living in United
Kingdom and that they frequently sent cars home for sale.
“The
complainant was not totally convinced, so he asked the accused to
deposit his B.Sc certificate and his NYSC discharge certificate, to be
turned to him when he brings the bus. After collecting the money, the
accused ran away until last week when he turned up to demand for the
certificates,” Ms. Adeniran said.
She said that the offences contravened Sections 285 and 312 of the Criminal Law of Lagos State, 2011.
Section
285 prescribes three years imprisonment for stealing while Section 312
provides for 15 years imprisonment for obtaining by false pretences.
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