A Lagos State Special Offences Court sitting at Ikeja has slated January 20, 21, and 22, 2021 to hear the defence of former Ikeja branch Chairman of the Nigerian Bar Association(NBA), Mr Adesina Ogunlana and two others, in a N21m fraud charge brought against them by the Economic and Financial Crimes Commission (EFCC).
The two others standing trial with Ogunlana are another former chairman of the Ikeja branch of the NBA, Mr Yinka Farounbi, and a former treasurer, Mrs Aderinola Kappo.
Farounbi served as NBA Ikeja Branch chairman between 2014 and 2016 with Kappo serving as treasurer, while Ogunlana served as chairman from 2016 to 2018.
They were first arraigned before Justice Mojisola Dada for allegedly defrauding the association of N20m on May 22, 2019.
Ogunlana is a social critic and human right activist who often criticizes government officials, and leaders of thought vehemently through his social media handles, particularly on Facebook.
Such leaders he had criticized include President Muhammadu Buhari, Vice President Yemi Osinbajo SAN, Femi Falana SAN, Asiwaju Bola Ahmed Tinubu, Mr Babajide Sanwo-Olu, and most recently Pastor Tunde Bakare.
He once escaped disciplinary action before the Legal Practitioners Disciplinary Committee (LPDC) some years back for making scathing remarks about the then Chief Judge of Lagos State, Justice Ibitola Sotuminu.
At the time, a case of professional misconduct was filed against him before the LPDC.
He was however saved by the late GOK Ajayi SAN, who appeared for him before the committee.
The trio are jointly charged with conspiracy to steal.
Ogunlana is charged with 15 counts of stealing and one count of money laundering, while Farounbi and Kappo are jointly charged with 13 counts of stealing.
According to Mr S. O. Daji, the EFCC prosecutor, Farounbi and Kappo allegedly committed the offences from June 15, 2016 to April 9, 2018 in Lagos, while Ogunlana was alleged by the anti-graft commission to have committed the offences from July 18, 2016 to April 10, 2018.
“Farounbi and Kappo on 13 occasions without authorisation and in order to facilitate the stealing of N20m funds belonging to the Ikeja Branch of the NBA issued cheques to Ogunlana.
“The cheques were paid into Ogunlana’s personal bank account No. 2004528818 with First Bank Plc during his tenure as chairman of NBA Ikeja branch.
“He dishonestly converted the funds to his personal use,” Daji said.
Shedding light on the money laundering charge, the prosecutor said, “Sometime in 2017, Ogunlana converted to his own use N1m out of N2.8m purportedly paid to Brand in Demand Ltd for the NBA Ikeja Branch.
“Farounbi and Kappo on 13 occasions without authorisation and in order to facilitate the stealing of N20m funds belonging to the Ikeja Branch of the NBA issued cheques to Ogunlana.
“The cheques were paid into Ogunlana’s personal bank account No. 2004528818 with First Bank Plc during his tenure as chairman of NBA Ikeja branch.
“In order to disguise the legal origin of the money, he informed Adegoke Dairo of Brand in Demand Ltd to issue him an invoice/receipt No. 82871 as purported payment for the NBA Ikeja Branch,” he said.
The offences contravened Sections 278, 285(1), 330 and 409 of the Criminal Law of Lagos 2011.
The court adjourned till June 3, 2019 for full trial to commence, having admitted the three defendants to bail.
On June 3, the first prosecution witness, PW1, Daniel Okoye, told the court how Ogunlana diverted NBA funds into his personal use.
He also told the court how the second and third defendants, Farounbi and Aderinola, signed multiple cheques in favour of the first defendant, Ogunlana and how he (Ogunlana) used the same to pay off personal debts.
Led in evidence by Samuel Daji, the prosecution counsel, Okoye, a lawyer, further told the court that the major account of the Association with WEMA Bank Plc was still being operated by the second and third defendants “after their tenure had expired contrary to the succinct provisions of the Uniform By-laws of the Branches 2015, which made it mandatory that all officers of the branch must hand-over to their successors within seven days of the expiration of their tenure.
“This is tantamount to professional misconduct under NBA By-laws.”
In his own testimony, the second prosecution witness, (PW2), Olubunmi Odeniyi, the provost of the NBA, Ikeja branch, informed the court that during his investigation, he discovered that insurance premiums paid by members of the branch to cover their life insurance policy were not remitted to any Insurance company as at the time of his investigation.”
Another prosecution’s witness, Coco-Bassey, who served as the branch’s Treasurer during Ogunlana’s tenure and Financial Secretary during Farounbi’s tenure, testified that the defendants engaged in financial impropriety.
The witness added that, “at no time did the Executives of NBA Ikeja Branch approve any expenditure; the defendants always did things without the Executives knowing”.
While the case was on, the branch also made moves to recover the monies allegedly stolen by the trio as it set up a committee to investigate the insurance funds of the association.
In December 2019, the branch adopted the resolution of its insurance committee and directed Ogunlana and others to refund N38 million branch money that was misappropriated.
