A Federal High Court in Lagos has discharged and acquitted the senatorial leader of the All Progressives Congress in Ondo State South Senatorial District, Dr. Taiwo Malumi, from the charges bearing on obtaining money by false
pretence.
Malumi, a medical doctor and Managing Director of Funtai Limited, was arraigned before the court by the Nigeria Police in 2016.
Ruling on the application to quash the charge filed by his counsel, Ayodele Ignatius Salami, the presiding judge, Justice Saliu Saidu, said that parties were bound by their agreement as it was in this case.
The judge said that the documents and exhibits in the case showed that the minor complainant here defaulted in the agreement between the defendant and the Complainant.
Malumi had prayed the Court to quash and dismiss the charges preferred against him as the case was a pure business dispute by content of the agreement of November 10, 2016, signed by both
parties.
He argued that the agreement, by its content, was a full and final settlement of the transaction that led to
the suit.
Justice Saidu in his judgment, said, “From the facts before the court, certain facts are very clear, that the defendant and the complainant to the police entered an agreement to settle the matter before the police, which is the basis of the complaint. Further, that the police, who is the prosecutor in this case, is aware of the intention of the parties to settle and even played some roles in the settlement. “
The intention to settle was communicated to the Court by the prosecution in the course of the proceedings in this case, with the commissioner of police in charge of the Special Fraud Unit supervising the terms.
“I have also gone through the proof of evidence in this case. I have examined and scrutinised the same vis-a-vis the charge before the court. The factual ingredients of the charge is not reflected to disclose a prima facie case against the defendant,” the judge said.
Justice Saidu also berated the police, as he said that parties must always respect agreement and execute it.
“I hereby grant the reliefs sought by the defendant and quash the charge in this case,” the judge
ruled.
In a one-count criminal charge (No. FHC/L/302C/16) filed by the Special Fraud Unit of the Nigeria Police Force, Malumi was accused of fraudulently obtaining N40million from one Nick Shaiyen, Managing Director of Whitehall Management Limited Company.
The said sum was allegedly obtained from the complainant through a property sold to him by Malumi. The property, identified as Unit B9, Funtai Court, 3, Ruxton Street, Ikoyi, Lagos, was falsely presented to Shaiyen as being totally free from encumbrances.
According to the prosecutor, Mr. Ekong Sunday, the alleged offence contravened Section 1(1)(b) of the Advance Fee Fraud Related Offences Act 2016.
