By; JACOB ONJEWU DICKSON
The Magistrate Court I sitting in Warri South Local Government Area of Delta State has discharged and acquitted Proprietor of Integrity Professionals (IPAS), Mr. Bright Akinyemi and one Sarah Edema of conspiracy and obtaining money by false pretence.
The court presided over by a Chief Magistrate, C.I. Moeteke discharged the duo after counsels to the complainants and the accused had filed their written addresses.
Moeteke said, “With regards to Count 1, the Offence of conspiracy means the agreement between two or more persons to commit an unlawful act or a lawful means.
“Both agreement will be sufficient, the offence is usually established by inference taking into consideration the act of each conspirator.
“Essentially the 1st accused in the alter ego of IPAS while the 2nd accused is a staff.
“The prosecution has been unable to show the meeting of minds between the accused persons to establish the essential ingredients of the alleged offence.
“The 2nd accused was merely acting in the line of duty. Therefore, she cannot be said to have conspired with the 1st accused person. The 1st accused did not by any stretch and from the evidence of agree with the 2nd accused to obtain money from the nominal complainant in this charge.
“Since the prosecution has been unable to establish the meeting of minds,the burden of establishing the essential elements of the alleged offence has not been discharged. In essence a prima facie case as per count 1 has not been established. Therefore, the two accused persons are discharged on both counts.
The accused were arraigned before the court in Charge No:MW/166C/2016 by the Police”B” Division in Warri.
The three count charges includes,”That you Bright Akinyemi’M’, Sarah Edema’F’ and other now at large on the 31st day of March,2015 at 253 Warri/Sapele road by Deco Junction,Warri in the Warri Magisterial District did conspire among yourselves to commit felony to wit: Obtaining money with false pretence and thereby committed an offence punishable under Section 516 of the Criminal Code Cap C1 Vol 1, laws of Delta State of Nigeria,2006.
“That you Bright Akinyemi (M), Sarah Edema (F) on the same date at the aforementioned Magisterial District did obtain the sum of N5,000.00 from one Omagbemi Christopher (M) under the false pretence that you were going to process a chartered institute of Administration for the said Omagbemi Christopher and thereby committed an offence punishable under Section 419 of the Criminal Code Cap C21 Vol 1 Laws of Delta State of Nigeria, 2006.
“That you Bright Akintemi, Sarah Edema and one other now at large on the 18th of December 2010, at the aforementioned Magisterial District did have in your possession Greater Heights Michael form with different signatures which you cannot give satisfactory accounts as to how you came about them and thereby committed an Offence punishable under Section 430(1) of the Criminal Code Cap C21,Vol. 1 Laws of Delta State of Nigeria,2006.
It was learnt that one Christopher Omagbemi on 31/3/2015 allegedly went to IPAS in Warri to pick up Chartered Institute of Administrators (CIA) form where he met with IPAS Proprietor,Bright Akinyemi and Sarah Edema.
Based on the direction of Bright Akinyemi,he paid the sum of five thousand naira to Sarah Edema and was issued with receipts that within three weeks should come back to pick the form.
Before the expiry date, he received a text message that he should call a number which he did.
He was directed to FEDEX Warri by the 1st accused to collect his parcel.
He could not collect the said parcel from FEDEX because he does not have a tracking number.