A summary of the testimony of the Pw1 is that sometime in 2010, a friend of her’s
introduced the Accused person to her. The Accused told her that he got a
contract and needed money to execute it. That she should contribute the sum of
N1, 291, 817.00 which she did. In July 2010, the Accused came to her again and
said he needed the sum of N2, 250, 000.00 which she also gave to him for the
same contract. The Accused then gave her two cheques in the sum of N3, 642,
426.00. Before he issued the cheques to her, he wrote two agreements which he
signed. The agreements reflected the fact of his collecting the above monies
from her. The Agreements dated 5th May 2010 and 21st June, 2010 were
tendered and admitted as Exhibits A and B respectively.
After executing the contract however and he was paid, the Accused refused to
give her her money despite her several telephone calls on him. The Accused
issued the cheques dated 5th May, 2010 in the sum of N1, 291, 437.00 and the
second one in the sum of N2, 350, 949.00.
When she presented the cheques at Oceanic Bank in repayment of the monies
she gave to the Accused, the bank dishonoured them. When she asked the
bank, why the cheques were dishonoured, she was told there was no money in
the Accused person’s Account. While the dishonoured cheque dated 5th July,
2010 was admitted as Exhibit C, that dated 21st June, 2010 was admitted as
Exhibit D.
After the cheques were dishonoured, she called the Accused on phone and
informed him but he did not say anything. Her several other efforts to reach him
on phone came to grief as his phone was switched off. She then decided to
report the matter to the Police. When the Accused was brought to the Police
Station, he wrote an undertaking to the effect that he was going to pay her the
monies which he did not honour. He rather sued her to Court but the case was
later dismissed. Till date he has not paid the money to her.
Under cross examination, the witness testified inter alia that she did not enter into
any joint venture agreement with the Accused, rather he said he needed money
to finance a business and that she should contribute which she did. That she is
not a Money Lender. He promised to give her 20% of the amount contributed
from the profit of the contract. She knew the Accused through Ifeoma Abba.
Apart from the contribution, he has been giving money to the Accused which he
paid back after the business. She was only helping him by giving him money but
not for profit making. Exhibit B is not a loan agreement.
She reiterated that the Accused collected the sum of N2, 459, 124 from her on
21st May, 2010, and that after signing the agreement on 21st May, 2010 the
Accused gave her a cheque for N2, 350, 948.00 payable on 21st June, 2010,
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