Lagos man jailed for property scam

A Lagos State High Court sitting in Ikeja has sentenced a man, Chidi Nwaya, to a total of 22 years’ imprisonment for obtaining N28m by false pretence and stealing in a failed property transaction on Lagos Island.

Justice Modupe Nicol-Clay, delivering judgment on Wednesday, convicted Nwaya on two counts—obtaining by false pretence and stealing—ordering that the 15-year sentence and a separate seven-year term run concurrently.

The judge held that the prosecution proved its case beyond a reasonable doubt, describing the defendant’s conduct as deliberate and deceptive.

Nwaya was arraigned in Suit No. LD/4554C/2017 by the Lagos State Government over a 2012 transaction involving a property located at No. 163A, Adeniji Adele Road, Lagos Island.

The prosecution counsel, Mrs T. Olanrewaju-Daud, told the court that Nwaya falsely represented himself as having authority to sell the family property and induced Anthony Mbachu to pay N28m for its purchase.

The convict was also accused of converting the money to his personal use after the transaction collapsed.

At trial, the complainant, Mbachu, testified that he had known Nwaya for several years and initially related to him as a tenant before discussions for the sale of the property began.

He told the court that Nwaya assured him the family had agreed to sell the property and that he paid the agreed sum in instalments.

Mbachu said a deed of assignment and receipt were prepared and signed by the defendant, but the sale was never completed, and the money was not refunded.

“He told me the family had agreed to sell and that I could pay in bits. I paid a total of N28m; receipts were issued, and documents were prepared, but the property was never transferred to me, and my money was not refunded,” Mbachu testified.

A police officer, ASP Bisi Awotunde, who investigated the matter, told the court that Nwaya admitted collecting money from the complainant, while a receipt showing N28m was recovered during the investigation.

Another prosecution witness, legal practitioner Aloy Ezenduka, testified that he prepared the transaction documents and that Nwaya signed the deed of assignment in his presence.

He added that attempts to verify the title documents later revealed discrepancies.

In his defence, Nwaya admitted receiving money from Mbachu but claimed it was about N14.29m, not N28m.

He testified that the family never intended to sell the property and that the money was later converted to rent. He also claimed that he signed some documents under duress.

In her judgment, Justice Nicol-Clay rejected the defence, holding that the evidence showed the convict knowingly misrepresented his authority to sell the property and deliberately induced the complainant to part with his money.

“Nwaya created a make-believe that the property was for sale despite knowing that his family did not intend to sell,” the judge held.

She added that his failure to refund the money amounted to fraudulent conversion.

The court struck out the third count of forgery after the prosecution conceded that it was not proved.

In sentencing Nwaya, the judge found him guilty of obtaining by false pretence under Section 312(3) of the Criminal Law of Lagos State, 2011, and stealing under Section 285(5) of the same law.

The court sentenced him to 15 years’ imprisonment for obtaining by false pretence and seven years for stealing, with both sentences to run concurrently.

Text except headline courtesy of Punch