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PRO- BONO SERVICE - FOR THE GOOD.
CHARGE NUMBER: CR/109/2021- INSPECTOR GENERAL OF POLICE v. BINTA AUDU.
We are pleased to have represented Binta Audu (an indigent Client) on a four-count charge bothering on conspiracy, obtaining by pretence, cheating and fraud relating to a Point Of Sale (POS) transaction before the High Court of the Federal Capital Territory, Abuja Nigeria Coram Judice; S. M. Idris of Court 28, in Charge No.CR/109/2021.
The prosecution had alleged amongst other things that the defendant in connivance with some persons who were beneficiaries of monies transferred from the POS machine conspired to defraud and indeed defrauded the POS operator of thousands of Naira through a third party communication.
The prosecution in an attempt to prove these allegations against the defendant who was charged alone, fielded three (3) witnesses including the Investigating Police Officer (IPO), the nominal complainant and the Point of Sale agent (who testified as their star witness).
Their evidence were manifestly destroyed under cross examination and adjudged unreliable by the court.
The defendant on it's part fielded an expert evidence who testified as to the ordinary course of events in the POS transaction which must involve an express offer and corresponding express acceptance for the transaction to be valid and binding on the initiator.
Owing to the lack of credible evidence to substantiate the allegations contained in the charge, the court in its considered judgment on the 7th day of June, 2022 discharged and acquitted the defendant on all four counts; the prosecution having failed to discharge the legal and evidential burden of proof beyond a reasonable doubt.
We are immensely grateful for the opportunity to have contributed to the success of Mrs. Binta Audu's defence on Pro-Bono basis.
Our team was led by Our Managing Partner; Michael Jonathan Numa Esq with Y. M. Zakari Esq. and O. A Makinde Esq.
We are delighted to have represented Hon. Selekaye Victor Ben; winner of the House of Assembly Election in Southern Ijaw Constituency IV, Bayelsa State before the National and State House of Assembly Election Petition Tribunal in Bayelsa State, and also at the Court of Appeal, Port-Harcourt Division successfully.
On duty of financial institution to reverse unauthorised debit on customer's account within seventy two hours of customers written notification.