Senator Obiora in N80m bounced check scandal

Source: huhuonline.com
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“Upon reading the application ex-parte and the accompanying affidavit of

Paul M. Ayam and upon hearing Dr. Alex A. Izinyon, SAN praying this

Honorable Court for the following Orders:- leave to prefer criminal charge

by way of direct compliant of the criminal procedure code. It is hereby

ordered as follows:- The Court hereby direct that the Inspector General of

Police should investigate this matter and report back to this court within

14days from today.” – stated the Court of the Federal Capital Territory in

the Federal territory judicial division holden at Abuja on the 1st day of

February, 2010 before the honorable Chief Judge, Justice L. H. Gummi .

With the Order, the High Court in Abuja ordered the Inspector General of

Police [IGP], Onovo to commence criminal investigation on Senator

Ikechukkwu Obiorah over bounced checks issued by him to Folio

Communications Limited. The Senator had under a previous court

arraignment been directed to pay N80million to Folio Communications

Limited in exchange for assets in Daily Times Nigeria.

As agreed, he issued four checks for N20million each [see copies of checks]

dated December 20, 2005 through one of his companies by the name

Harlesden Engineering Limited drawn on a Zenith Bank account housed in

Nnamdi Azikiwe Avenue in Awka, Anambra. The checks which were

numbered from 10208049 to 10208052 bounced upon deposit in Folio

Communication's Diamond Bank account housed at Victoria Island, Lagos.

The checks were re-deposited a month later [January 20th 2006] and all

four checks bounced again

The genesis of Senator Ikechukwu Obiorah's folly dates back to the

purchase of Daily Times of Nigeria by Folio Communication Limited [FCL]

through Bureau of Public Enterprise [BPE] for N1.25billion for the

acquisition 96.05% share capital of Daily Times Nigeria. To make the

purchase, FCL partnered with a Lagos based Communication Company by

the name DSV limited owned by the oil mogul from Nnewi, Anambra by the

name Ben Okoye. The agreement was that DSV held 40% of FCL's 99.05% of

the total issued share capital of Daily Times Nigeria.

Roughly a year in to the agreement between purchasing partners, Ben

Okoye opted to sell his DSV stake to Senator Ikechukwu Obiorah. This was

reflected in a letter to the managing director of Folio Communications

Limited dated December 15th 2005 signed by Chief Ben Okoye stating that

“we wish to inform you that we have divested our interest in DSV Limited,

which interest has now been transferred to the new owners, Penthurst

Media Limited represented by Mr. Ikechukwu Obiorah.” The letter injected

Senator Ikechukwu Obiorah into picture .


With Senator Obiorah at the realm of affairs at the DSV, new terms of

agreement had to be drawn between FCL and DSV. But the process of

reaching agreement proved tumultuous. Senator Ikechukwu Obiorah was

said to be pulling his weight as a Senator and FCL. He wanted more out of

the agreement terms than FCL was willing or able to part with. And as a

result, the matter quickly became a litigant's affair. A total of eight

lawsuits were filed between the two parties and pending in court until a

group of prominent Nigerians intervened. The group consisting of Chief

Anthony Idigbe, Mrs Onyiuke-Okereke and Nduka Obaigbena facilitated of

a settlement agreement outside of Court that was later rectified by Court.

The terms of settlement was made on November 18th 2005 at the Federal

High Court of Nigeria Holden at Lagos under Suit No: FHC/L/CP/594/05.
The terms of settlement was signed by Senator Obiorah and the

management of FCL in the presence of Chudi Offodile, a legal practitioner .

One of the essential points of the terms of settlement called for the parties

to immediately withdraw all cases pending in court and to desist from

taking further legal actions against each other. It was agreed that Board

appointments into Daily Times Nigeria shall be in the ratio of 60% for FCL

and 40% for DSV. It was also mutually agreed between the parties for

Senator Ikechukwu Obiorah to remit N160million to FCL as being part of

the purchase price of some of the properties acquired by FCL as a result of

the purchase of Daily Times Nigeria.

The Senator, through his Corporate Ideals Properties Limited paid the

N160million through an Intercontinental Bank check for N100million dated

November 28th 2005 with check number 00000095, another

Intercontinental Bank check for N40million dated November 18th 2005

with check number 00000096, and an Intercontinental Bank certified check

for N19million dated November 18th 2005 with check number 00007554.

The remainder of N1million was brought in as cash.Trouble began as the

management of FCL received supposed payments from Senator Obiorah as

part of the terms of settlement. This was as the FCL management team

brought to the attention of Senator Obiorah of the bounced checks in

written form on August 7th 2006. It was indicated in the letter that if the

dud checks were not rectified, the team will take further legal steps. The

Senator failed to respond to the August 2006 letter and so the team at FCL

filed their complaints officially to the police but the Senator pulled all

available strings and his weight to block all the complaints made to the

Nigeria Police from seeing the light of the day. The Senator then reacted

further in a show of strength to have the Economic and Financial Crimes

Commission [EFCC] pick up the FCL team in June 2007.

To cap it, the Senator in a brazen and puzzling move descended on the

team of FCL in to take over control of the Daily Times Nigeria. The move

was halted by Justice Binta Nyako of the Federal High Court sitting in

Lagos. The Judge restrained Senator Obiorah from taking steps or any step

or action injurious to the privatized Daily Times. The Court Order was

handed on February 11, 2010. Meanwhile the office of the IGP is expected

to submit its findings from the criminal investigation of Senator Ikechukwu

Obiorah on February 17, 2010 as directed by Chief Judge, Justice L. H.

Gummi

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