By Demola Abimboye
Justice Kehinde Olayiwola Ogundare of the Federal High Court, Ikoyi, Lagos has dismissed the bail application of Omafume Augustina Ayinuola, a chartered accountant, who alongside her mother, Lydia Abosede Erhievuyere and a company, Patrida Resources Limited, is standing trial for N5.99 billion and $975,102 fraud. The suit is marked FHC/L/403C/2023.
However, same Omafume Augustina Ayinuola was granted bail in Suit No FHC/L/658c/2024 in which she is the only defendant.
Therefore, she will be in the custody of the Nigeria Correctional Service pending her trial.
The defendants were charged to court by the Inspector General of Police for allegedly swindling Mr. Peter Ukuoritsemofe Ololo and nine of his companies the sums of N5,993,303,278.95 and $975,102.
The companies are Oritsetimeyin Logistics Limited, PUO Assets Limited, Resolution Capital Limited, Pine Petosan Limited, Grace Capital Limited, RsL International Limited, RsL Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited.
Ayinuola and her mother were first arraigned before a vacation judge, Justice Akintayo Aluko on August 15, 2023 on a 15 count charge bordering on conspiracy, obtaining by false pretence, forgery and fraud in the sum of N1, 072, 254, 411 billion and $975, 102. 58 USD.
On September 15, 2023, the judge granted Lydia Abosede Erhievuyere bail but declined to grant bail to her daughter Omafume Augustina Ayinuola on the grounds that she is a flight risk as canvassed by the prosecution, M.A. Animashaun
The matter was reassigned after the vacation to Justice K. O. Ogundare for adjudication.
When the matter came up on March 14, before Justice Ogundare, the prosecutor M.A. Animashaun filed a 2nd amended 18 counts charge dated February 21, 2024, bordering on conspiracy, obtaining by false pretence, forgery and fraud of the sum of N5, 993,303,278.95 and $975,102.58.
The charge was read to the defendants and they pleaded not guilty to all the counts.
The defendants’ counsel, Ashiru Olubusola, filed and argued the bail applications for the defendants which was opposed by the prosecution. After listening to arguments of counsel to parties, the judge adjourned the matters till March 18 for ruling.
When the matters were mentioned for ruling on the adjourned date, M.A. Animashaun, a Legal Officer, Legal Prosecution Section, Force CID Annex, Alagbon Close, Ikoyi, Lagos, for the Inspector General of Police, announced appearance for the prosecution. Ashiru Olubusola announced appearance for the defendants while E. I. Maduabuchi appeared as watching brief for the nominal complainant.
Delivering his ruling on the bail application for Omafume Augustina Ayinuola on suit No FHC/L/658c/2024, the judge dwelt on the submissions and arguments of counsel to parties, citing many authorities.
The judge after considering the nature of the charge and strength of the evidence held that the discretion to grant bail or not lies with the court. He held that the offence allegedly committed by the defendant/applicant is bail able, and should not be denied bail in the circumstance.
Consequently, the judge granted Omafume Augustina Ayinuola bail in the sum of N5 million with two sureties in like sum.
The judge ruled that the sureties must be gainfully employed in reputable organisations or civil service and not below Grade Level 14.
“One of the sureties shall be a landed property owner and the property must be verified by the Court Registrar with the prosecution.
“The defendant/applicant shall be in remand until bail terms are perfected,” the judge added.
He thereafter adjourned the matter till July 15 for commencement of trial of Omafume Augustina Ayinuola.
In the second leg of the matter in suit No FHC/ L/403c/2023, involving the two women and their company as first, second and third defendants, the court dismissed the bail application filed by Omafume Augustina Ayinuola but upheld the bail earlier granted to Lydia Abosede Erhievuyere by Justice Aluko.
The defence counsel, Olubusola Ashiru, had sought to refile Omafume Augustina Ayinuola’s bail application and urged the court to admit her to bail in the most liberal terms.
He pleaded with the court to allow the Accountant’s mother to continue to enjoy the bail earlier granted her by Justice Aluko.
The prosecutor, Animashaun, while opposing the counsel’s attempt to move the application for Omafume, did not oppose the counsel’s pleadings on her mother’s application.
In opposing the refiling of bail application for Omafume, Animashaun after citing many legal authorities, argued that what the counsel ought to have done was to appeal the earlier ruling at the appellate court. He therefore urged the court to dismiss the bail application.
In his ruling, Justice Ogundare upheld the submission of the prosecution and held that he cannot reverse the decision of a court of coordinate jurisdiction which had earlier refused the defendant bail.
Consequently, the judge dismissed the bail application of Omafume Augustina Ayinuola and adjourned till May 16 for hearing of pending interlocutory application.
It would be recalled that the prosecution had earlier filed an amended 18 count charge against the two women and their company. The counts read:
COUNT 1
That you OMAFUME AUGUSTINA AYINUOLA “F”, LYDIA ABOSEDE EHRIEVUYERE “F”, PATRIDA RESOURCES LTD and others (now at large) between 2017 to 2023 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, conspired amongst yourselves to commit an Offence in defrauding Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited thereby committed an Offence contrary to Section 8 (a) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 2
That you OMAFUME AUGUSTINA AYINUOLA “F” between 2017 to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin converted the total sum of Two Hundred and Fifty-Five Million, Six Hundred Thousand Naira only (N255,600,000), being money meant for the purchase of consumables and office supplies, property of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 3
That you OMAFUME AUGUSTINA AYINUOLA “F”, between 2017 to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin converted the total sum of One Billion, Seventy Two Million, Twe Hundred and Fifty Four Thousand, Four Hundred and Eleven Naira only (N1,072,254,411:00K), being money meant for the purchase of consumables and office supplies, property of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit :PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 4
That you OMAFUME AUGUSTINA AYINUOLA & ‘F’ between 2017 to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin laundered the sum Nine Hundred and Seventy Five Thousand, One Hundred and Two United States of America dollars and Fifty-Eight Pence only ($ 975,102,58), being money meant for the purchase of consumables and office supplies, property of Peter Ukuoritsemofe Ololo,Oritsetimeyin Logistics Limited and Group of Companies to wit : PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 5
That you, LYDIA ABOSEDE ERHIEVUYERE ‘F,’ PATRIDIA RESOURCES LTD and others (now at large) between 2017 to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin converted the total sum of Sixty-Eight Million, Six Hundred Thousand Naira only (N68,600,000), being money meant for the purchase of consumables and office supplies, property of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsi Ventures Capital Limited Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 6
That you, LYDIA ABOSEDE ERHIEVUYERE “F”, using the artificial entity PATRIDIA RESOURCES LTD between 2017 to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin converted the total sum of Two Hundred and Eighty -Six Million, Five Hundred and Five Thousand, Three Hundred and Ninety-Four Naira and Fifty Kobo only (N286,505,394:50K), being money meant for the purchase of consumables and office supplies, property of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 7
That you, LYDIA ABOSEDE ERHIEVUYERE ‘F’, between 2017 to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin converted the total sum of Two Hundred and Twenty-Nine Million, One Hundred and Sixty Thousand, Three Hundred and Eighty-Five Naira only (N229,160,385), being total sum of various project funds advanced to you Lydia Abosede Erhievuyere and which were unaccounted for and partly used by you for the purchase, construction and development of family house at No 14, Irawodidan Street, Obadore, off LASU-Igando Road, Alimosho, Lagos State, the said sum being property of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Ral International Limited, Rel Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(1) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 8
That you LYDIA ABOSEDE ERHIEVUYERE ‘F’ using the artificial entity PATRIDIA RESOURCES LTD and with others (now at large) between 2017to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin transferred the total sum of One Hundred and Seventy Nine Million, Nine Hundred and Fourteen Thousand, Four Hundred and Ninety Four Naira only (N179,914,494:00k) being proceeds of the fraudulent activity arising from illicit funds transfers to different banks’ accounts belonging to different persons and companies, the said sum being property of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 9
That you, LYDIA ABOSEDE ERHIEVUYERE ‘F’ and PATRIDIA RESOURCES LTD and with others (now at large) between 2017 to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, by false pretence and with intent to defraud induced one Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited to deliver to you the total sum of One Hundred and Fourteen Million, Nine Hundred and Fifty-Nine Thousand Naira only (N114,959,000:00k) on the pretence that the sum would be used for office supplies and supplies of consumables but failed to so supply the goods, thereby committed an Offence contrary to Section 1 (1)(a) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 1 (3) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 10
That you, OMAFUME AUGUSTINA AYINUOLA ‘F’ and with others (now at large) between 2017 to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, by false pretence and with intent to defraud induced one Peter Ukuoritsemofe Ololo to deliver to you the total sum of Thirty Million Naira (N30,000,000) only on the pretence that the sum would be used to settle debt, which representation you knew was false, thereby committed an Offence contrary to Section 1 (1)(a) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 1 (3) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 11
That you, OMAFUME AUGUSTINA AYINUOLA ‘F’ and with others (now at large) between 2017 to 2021 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, whilst in the employment of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, Pine Petosan Limited, Grace Capital Limited fraudulently assisted in the laundering of funds through illicit transfers when you knowingly omitted to make true entry in the accounts of your employer and concealed the fraudulent transfers, thereby committed an offence contrary to Section 7 (1)(b) (i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 12
That you OMAFUME AUGUSTINA AYINUOLA ‘F’, LYDIA ABOSEDE ERHIEEVUYERE ‘F’, PATRIDIA RESOURCES LIMITED and others (now at large) between 2007 to 2023 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin fraudulently received in credited entries the sum of One Billion, Four Hundred and Fifty
Nine Million, Three Hundred and Forty-Six Thousand, Three Hundred and Fourteen Naira, Forty-Three Kobo (N1,459,346,314:43k) and converted same to personal uses, the said sum being property of Peter Ukuoritsemofe Ololo, Oritserimeyin Logistics Limited and Group of Companies to wit: PUO Asses Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limned, Ral International Limited, Ral Venture Capital Limited, Grace & Mercy Capital Limited and
Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the tame ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 13
That you OMAFUME AUGUSTINA AYINUOLA ‘F’ and others (now at large) between 29th day of April, 2010 to 31st day of July, 2023 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin fraudulently received in credited entries the sum of Four Hundred and Fifty-One Million, Four Hundred and Eighty-Three Thousand One Hundred and Thirteen Naira, Fifty-Two Kobo only (2451,483,113:52) and converted same to personal uses, the said sum being property of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Ral International Limited, Rsl Ventures Capital Limited, Grape & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 14
That you OMAFUME AUGUSTINA AYINUOLA ‘F’, PATRIDIA RESOURCES LIMITED and others (now at large) between the 6th day of February, 2020 to 25th day of May, 2023 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin fraudulently received in credited entries the sum of Two Hundred and Twenty Three Million, Five Hundred and Fifty Six Thousand, Four Hundred and Sixty-Six Naira and Fifty Kobo only (N223,556,466:50) and converted same to personal uses, the said sum being property of Peter Ukuoritsemofe Ololo,Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(1) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 15
That you LYDIA ABOSEDE ERHIEVUYERE ‘F’ and others (now at large) between the 29th day of August, 2021 and 12th day of May, 2023 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin fraudulently received in credited entries the sum of One Billion, Five Hundred and Eighteen Million, Eight Hundred and Twenty Five Naira only (N1,518,825:00) and converted same to personal uses, the said sum being property of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited ,Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 16
That you OMAFUME AUGUSTINA AYINUOLA ‘F’ between 12th day of March, 2019 to the 31st day of July, 2023 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin fraudulently transferred the sum of Two Million, Six Hundred Thousand Naira (N2,600,000) into STANBIC-IBTC Bank PLC Account Number 0017711857purportedly operated by one MS Oluwalonimi Theresa Ayinuola (a Minor), the sum being the property of Peter
Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006.
COUNT 17
That you OMAFUME AUGUSTINA AYINUOLA “F” between 23rd day of August, 2018 and 31st July, 2023 at Trailer Park, Agbara, Lagos in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin fraudulently transferred the sum of Five Hundred Thousand Naira (N500,000) into STANBIC-IBTC Bank PLC Account Number 0000917622 purportedly operated by one Master Oluwatomiwa David Ayinuola (a Minor), the sum being property of Peter Ukuoritsemofe Ololo, Oritsetimeyin Logistics Limited and Group of Companies to wit: PUO Assets Limited, Resolution Capital Ltd, Pine Petosan Limited, Grace Capital Limited, Rsl International Limited, Rsl Ventures Capital Limited, Grace & Mercy Capital Limited and Grace Assets Limited, thereby committed an Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and punishable under Section 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006
COUNT 18
That you OMAFUME AUGUSTINA AYINUOLA “F” sometimes on or about the 6h day of July, 2020 at No 12B Resident Road, Gbagada Phase 2 Residential Scheme, Shomolu Area of Lagos State in the Lagos Judicial Division, with intent to conceal or disguise the illicit origin converted the total sum of One Hundred Million Naira only (N100,000,000) to purchase two numbers of Three Bedroom Flats situate, lying and being at No 12B, Resident Road, Gbagada Phase 2 Residential Scheme, Shomolu, the said sum being property of Peter Ukuoritsemofe Ololo, thereby committed Offence contrary to Section 7(1)(b)(i) of the ADVANCE FEE FRAUD A OTHER RELATED OFFENCES ACT 2006 and punishable under Sect 7(2) (b) of the same ADVANCE FEE FRAUD AND OTHER RELAT OFFENCES ACT 2006.