A Magistrate Court sitting in Ilorin has remanded a Sokoto based businessman, AbdulKadir Dan Ute, in prison over the alleged issuance of dud cheque of N6million to KAM Industries Nigeria Limited contrary to section 1(a)(b) of dishonoured cheque offences law of the Federation of Nigeria, 2004.
It was gathered that Dan Ute, 66 years old, of No. 5 Lodge Road, GRA, Sokoto. Sokoto state was allegedly involved in fraudulent act along with four others who are currently facing trial and eventually confessed to the crime disclosing that he would refund the sum of N7million being the total sum in his possession.
Upon arrest by the men of the Kwara State police command, the suspect appealed on health ground and gave the sum of N1million immediately with the assurance that he would pay the remaining balance of N6million in two instalments.
As contained in the First Information Reports, (FIR), it was learnt that Dan Ute’s plea was granted and he issued two postdated cheques of N3million each dated February 23 and March 23, “When the cheques were presented to the bank on the said dates, they were confirmed dud.”
However, the accused had earlier through his Legal Counsel, M.A Sambo Esq approached a federal high court sitting in Sokoto sought that “his arrest and detention between the period of 16th and 25th was degrading, clear invasion of privacy and violation of the fundamental right to personal liberty of the applicant, therefore, unconstitutional, null and void.”
It was gathered that defendants in the matter are; KAM Industries Nigeria Limited, the Commissioner of Police in Kwara state as well as the Inspector General of Police.
The application also declared as follows; “That any further arrest of the Applicant and detention by the second respondent in respect of the complaint of the first respondent, constitute a blatant and deliberate abuse of power by the second respondent and violation of the fundamental rights of the Applicant.
“An order of perpetual injunction restraining the respondents by themselves or by their agents from further interfering, arresting, detaining and persecuting the Applicant. The sum of N5million as damages against respondents jointly and severally for violation of the fundamental rights of the applicant.”
In his counter affidavit sworn by the Administration and Facility Manager of KAM Industries Nigeria Limited, Mr. Abdulsalam Omole, Counsel to the 1st respondent, Barrister ‘Tosin Samuel Alawode Esq, reflected among other points that, “Sometimes about 12th September 2017, one of our customers from Kano, Faruk Sanni, bought 1,000 bundles of 0.2 zinc roofing sheets from us and engaged a Haulage Company, Buds General Enterprises to transport the consignment from our factory in Ilorin to Kano but the truck was diverted along with the consignment mid-way.
Barr. Alawode added that, “The applicant’s account was flagged by an order of the court when the proceeds of the sale of the stolen consignments were traced to his accounts and he was arrested by the Sokoto Command of the Nigerian Police in the bank when he wanted to withdraw the proceeds of the sale of the roofing sheets.
“When the applicant was brought to Ilorin, a charge was filed against him along with his accomplices in Ilorin but he explained his condition of health issue to the police that he was sick and would not mind returning his shares of the proceeds of the sale of the stolen consignment, which he said was about N7million .”
He posited that “There are no special circumstances in this case as put forward by the applicant to warrant the grant of the application. We there urge your Lordship to dismiss the case in its entirety.”
In his ruling, Justice S.K. Idrissa maintained that “taken into consideration that the Exhibit A was written on the letter headed paper of KAM Industries Ltd. this application is hereby declined .”
Meanwhile, on appearance before Magistrate Muhammed Ibrahim in Ilorin on Thursday, Police Prosecutor Yusuf Nasir argued that the offence for which the accused, AbdulKadir Dan Ute, was brought to court is not bailable as a matter of routine adding that the accused had been giving flimsy excuses to the company (KAM Industries Nigeria Limited) in order to evade arrest.”
“There is every tendency that the accused will tamper with police investigation. Without much ado, we urge your worship to exercise discretionary power by not admitting the accuses to bail”, he added.
Counsel to the accused, Audu Abdullateef, had earlier told the court to grant his client bail on health ground stressing that his client has failing health and on the advice of his doctor, he is expected to travel to India for medical checkups.
Meanwhile, Magistrate Ibrahim ordered the remand of the accused at the Federal Prison custody, Oke-Kura, Ilorin ruling that the medical documents tendered did not emanate from a government recognised hospital and therefore not tenable.
He, therefore, adjourned the matter to Friday 24 May 2018 for further mention.