A businessman, Mr. Ebi Otsaye Ogionwo, has challenged a $300,000 fraud charge filed against him at a Federal High Court, Lagos at the instance of one Mr. OluwatosinAdefila.
Ogionwo said the complainant misrepresented the facts and deceived operatives of the Force Criminal Investigation Department, Alagbon Close, Ikoyi, into filing the charge in a purely civil matter–loan contract that has tremendously benefitted Adefila.
Ogionwo’s lawyers averred that the loan was a business transaction between two corporate entities, which he and Adefila executed as corporate representatives, and that it was not a personal loan business transaction undertaken by Ogionwo in his personal capacity.
In the attendant charge, the police claimed that Ogionwo obtained $300,000 from Adefila by false pretences.
Speaking through his lawyers, Ogionwo averred that his business relationship with Adefila dates back to 2007 “with full and satisfactory performance,” adding that either Adefila, acting maliciously and deliberately, did not state the nature of the transaction and dispute in 2022 and misled the police into filing the charge to embarrass him, or the police ignored the civil nature of the transaction for sinister reasons.
In an affidavit challenging the charge, Ogionwo’s lawyers declared that in 2018, there was a similar transaction between both corporate entities at a 67% interest rate, which was fully repaid.
In 2021, another such transaction at 24% interest was concluded and the principal and interest were “fully repaid”, the affidavit said.
However, the loan deal of $300,000 in 2022 has not been fully repaid due to the non-performance of a third-party contractor to the corporate entity (borrower) represented by Ogionwo.
Ogionwo’s lawyers said the complainant was aware of this third-party non-performance and also of the consequential substantial losses incurred in the transaction, of which the said $300,000 amounted to a fraction, yet he mounted pressure on Ogionwo to pay.
In the affidavit, Ogionwo’s lawyers averred that notwithstanding the challenges, the borrowing entity has so far paid the sum of $70,412 to Adefila.
The affidavit also noted that “the petition Adefila wrote to the Force Criminal Investigation Department was first written to the Economic and Financial Crimes Commission (EFCC), but Adefila’s lawyers were advised that it was a civil and commercial dispute which should be handled through civil action”.
Ogionwo’s lawyers are seeking a N2bn penalty against Adefila for instigating the police to file a frivolous and abusive charge to irritate and shame him, and thus pressure him to source money to pay him in a private capacity despite knowing that Ogionwo himself does not have any direct personal liability for the said loan.
The presiding Judge advised the lawyers to explore an amicable resolution of the matter and in demonstration of good faith, a further payment of $45,000.00 has been made to the complainant in addition to the $70,412 paid before the instigation of the charge with the assurance that the balance was to be paid before the end of December 2024.
Ogionwo’s lawyers are peeved by the level of unprofessionalism displayed by Adefila’s lawyers, and are no longer content to defend their client against egregious attacks and defamation. They believe Adefila and his cohorts must be held accountable for defamation and libel.
Ogionwo’s lawyers have commenced legal action to restore and preserve their client’s reputation, hence their suit seeking N2bn in restitutive costs for the damages caused by Adefila.
