Access Bank CEO Herbert Wigwe To Stand Trial For N2.5bn Fraud

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Herbert Wigwe
Herbert Wigwe

The Special Fraud Unit (SFU) of the Nigeria Police Force, Milverton Ikoyi-Lagos, has preferred a N2.5billion fraud charge against Herbert Wigwe, the Managing Director and Chief Executive Officer of Access Bank Plc, his bank and two others before an Ogun State High Court, Sagamu.

Wigwe and Access Bank Plc are standing trial on a five-count charge, alongside 41-year-old Alawode Oluseye and Bayo Adesina before Justice N.I. Agbelu of the Ogun State High Court in Sagamu.

The allegations border on conspiracy, fraudulent disposal of trust property, fraudulent conversion, stealing and false representation.

In the charge marked HCS/010/19, SFU alleged that the Access Bank boss and others, sometime in June 2017, at the premises on Metal Africa Steel Products Limited, Kilometre 16, Ikorodu/Sagamu road, Ewe Jagun, Ogun State, conspired among themselves to have unlawfully effected the sale of 23,754.413 metric tonnes of steel billets, belonging to BMCE Bank International Plc for N2,572,500 billion to Africa Steel Products Limited.

Wigwe and other defendants were also alleged to have obtained the sum of N2,572,500 billion, from Africa Steel Mills Limited by false representation that they were the owners of the said steel billets.

SFU also alleged that Wigwe and other defendants, in 2017, forged bill of lading numbers: MJINLOS150007’1A’;  MJINLOS150007 ‘1B’; MJINLOS150007 ‘1C’; MJINLOS150007 ‘2A’;  MJINLOS150007’2B’;  MJINLOS150007 ‘2C’; MJINLOS150007 ‘2C’;  MJINLOS150007 ‘2D’; MJINLOS150007 ‘2E’; MJINLOS150007 ‘2F’;  MJINLOS150007 ‘2G’;  MJINLOS150007 ‘2H’; MJINLOS150007 ‘2I’;  MJINLOS150007 ‘2J’; MJINLOS150007 ‘2k’; MJINLOS150007’2L’ andMJINLOS150007’2M’, which they claimed were issued on January 9, 2016.

The offences, according to the prosecutor, Mr. E. Jackson, a Chief Superintendent of Police (CSP) are contrary to and punishable under Sections 518(6), 434, 383(1)(f) and 390(9), 516 and 464 and 467 of the criminal Code of Ogun State of Nigeria, 2006.

The offence is also said to have contravened Section 1(1)(a) and 1(3) of the Advance Fee Fraud and Other Related offences Act No. 14 of 2006.

During their arraignment, only one of the defendants was present in court, who pleaded not guilty to all the charges.

However, Edoka Dox Onyeke, lawyer to the defendants, informed the court that his clients are exploring means of settling the matter with the complainant.

Onyeke pleaded with the court for a short adjournment.

The matter has been adjourned for report of settlement.

See the charges below:

Statement of Offence (1st Count): Conspiracy to effect an unlawful purpose, to wit: an unlawful sale of Steel Billets property of BMCE Bank International Plc, contrary to Section 518 (6) of the Criminal Code of Ogun State of Nigeria, 2006.

Particulars of Offence: That you Herbert Wigwe ‘M’, Alawode Oluseye ‘M’, Bayo Adesina ‘M’ and Access Bank Plc, on 22 day of June, 2017, at the premises at Met Africa Steel Products Limited, Km 16, Ikorodu-Sagamu Road, Ewe Jagun, Ogun State within the jurisdiction of this honourable court, conspired among yourselves to effect unlawful purpose to wit: the unlawful and unauthorised sale of 754.413 metric tonnes of steel billets, property of BMCE Bank International Plc without its permission or consent.

Statement of Offence (2nd Count): Fraudulent Disposal of Trust Property, contrary to Section 434 of the Criminal of Ogun State of Nigeria, 2006.

Particulars of Offence: That you Herbert Wigwe ‘M’, Alawode Oluseye ‘M’, Bayo Adesina, ‘M’ and Access Bank Plc on 22nd day of June, 2017, at the premises of African Steel Products Limited, Km 16, Ikorodu/Sagamu Road, Jagun, Ogun State, within the jurisdiction of this honourable court, with intent to defraud converted 23,754.413 metric tonnes of steel billets property of BMCE Bank International Plc, to your own use and unlawfully sold same without the authority of BMCE International Bank Plc. 

Statement of 0ffence (3rd Count): Stealing of Money, contrary to Sections 383 (1)(f) and 390 (9) of the Criminal  Code of Ogun State of Nigeria, 2005.

Particulars of Offence: That you Herbert Wigwe, ‘M’, Alawode Oluseye ‘M’, Bayo Adesina, and Access Bank Plc, sometimes in June 2017, in Ogun State, within the jurisdiction of this honourable court, unlawfully sold 23, 754.413 metric tonnes of steel billets, property of BMCE Bank International Plc to African Steel Mills Nigeria Limited for N2,572,500,000.00 and fraudulently converted the money to your own use and benefit.

Statements of offence (4th Count): Conspiracy to commit a felony to wit: stealing of 23,754.413 metric tonnes of Steel Billets, property of BMCE Bank International Plc, contrary to Section 516 the Criminal Code of Ogun State, 2006.

Particulars of Offence: That you Herbert Wigwe, ‘M’ Alawode  Oluseye ‘M’, Bayo Adesina, and Access Bank Plc, between 2016 and 2017, at Ewe Jagun, Ogun State, Within the jurisdiction of this honourable court, conspired among yourselves to sell 23,754.41 metric tonnes of steel billets property of BMCE Bank International Plc.

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