MRS Helen Banke Laoye, a director in the Oyo State Civil Service who has been standing trial since September 2005 at the Lagos High Court, Ikeja for conspiracy and fraud in the sum of N4 million was last week sentenced to 20 years imprisonment after her conviction by Justice Morenike Obadina on the two counts as charged.
The middle aged director, Micro Economic Planning, Ministry of Special Duties Office of the Governor of Oyo State during the administration of Senator Rasheed Ladoja, former Oyo State governor was shedding tears profusely after the pronouncement of the sentence. The sentence will however run concurrently and with effect from September 2005. The court further ordered her to refund the N4 million to her victims as soon as she is released from prison after serving her term
Mrs Helen Laoye who stands to lose her over 27 years of service in the civil service was find guilty of conspiracy with one Dr Emmanuel Olaoluwa Balogun and fraudulently obtained the sum of N4 million out of the N8 million demanded from Messrs Segun Olorunfunmi and Adeola Adepoju, Directors with East Atlantic Business Systems Support Services by falsely pretending that the sum represented part payment of security deposit/contract grant guaranteed in respect of a non existent Information Technology Project she purported to be financed by the Department for International Development(DID), Palace Street, London, United Kingdom.
In the judgement delivered by Justice Obadina, Mrs Laoye was find guilty on the two counts of conspiracy and obtaining money by false pretence and was convicted accordingly.
Delivering judgement on count two before going to count one, the judge noted the admission of the defendant that she collected the money from the victims but handed it over to Dr Balogun. In view of the aforesaid admission by, the court held that the defendant and Dr Balogun worked in concert, adding that under Section 8 of the criminal code, she is as liable as Dr Balogun...
It was held that from the evidence before the court and testimonies given by the witnesses, the defendant had intention to defraud because there was no funding for the purported project from any organization at the time she collected the money from her victims. It was noted that the pretence made by the defendant to her victims was false and it was her pretence that induced the victims to part with their money. “It is my finding that the prosecution proved this count of obtaining by false pretences beyond reasonable doubt. I find the defendant guilty of count two” the judge ruled..
Dwelling on count one, the court defined conspiracy by saying that it is the meeting of two or more minds to carry out an unlawful purpose or to carry out lawful purpose in an unlawful way. It further explained that the purpose of the meeting of the two minds or more is to commit an offence
The judge held that is culpable of the offence of conspiracy as he acted in concert with the defendant on the bogus e-government funding from international agencies. She further upholds the submissions of the prosecution counsel in his address. Pursuant to section 8 of the criminal code and section 11 of the evidence Act, Mrs Laoye and Dr Emmanuel Balogun are guilty of conspiracy to obtain money by false pretences and did obtain money from the two Directors of East Atlantic Business Systems Support Services.
In view of the aforesaid, Justice Obadina held that the prosecution proved the case beyond reasonable doubt and convicted the defendant on both counts as charged.
Pronouncing the sentence after listening to plea for leniency by the defence counsel, Justice Obadina declared, “I have listened to the plea of learned defence counsel. It is unfortunate that the defendant abused her office by indulging in this kind of scheme. She stands to lose all her years of service both with the Federal and the Oyo State Government”
“The sentence under the Advance Fee Fraud Act is mandatory. The court has no discretion to exercise”
“I therefore sentence the defendant to 10 years imprisonment for each of counts 1 and 2. The sentence to run concurrently and to take effect from the September 2005 when she was first arraigned in this court”
“I make an order that she refund the N4 million obtained from Messrs Segun Olorunfunmi and Adeola Adepoju, Director of East Atlantic Business Systems Support Services as restitution upon her release from custody” the judge ordered.