16th February 2011 is one day i will never forget. last year my client was duped by someone he knows in Malaysia. the criminal came to Nigeria and was arrested by our Nigerian Police. he was however allowed to travel back when he issued some post dated Malaysian cheques to clear the debts. but when the cheques were taken to the bank, the MALAYSIAN BANK, said hthe cheques were fake!
two people stood as surety for the criminal before he was released, a police man and a friend to the criminal. it was wrong for the policeman to stand as surety, but trust our police officers, they always do things the other way round. the criminal was called on the phone and when he was asked why he did what he did, he claimed that the cheque was not issued by him but by another company and that it is the company my client should be dealing with. ( A REAL FRAUDSTAR).
My client was so bitter about the whole incident insisted that something must be done. unfortunately for us the commissioner of police who initially heard the matter had been transfered, we had to meet the deputy commissioner of police who advised that , the police would help us write a report to INTER POL, its Interpol that would take the neccessary actions against the criminal in Malaysia.
we all liked this suggestion and approach, but my client wanted more. he wanted us to also go after the surety. i thought he was joking , but on the 15th, Feb, i recieved over 50 calls from my client saying that i should join them at the police stattion, one of the surety's have been arrested. what about the second surety, the police officer, he said that the police could not arrest thier colleague.
i could not meet my client at the police head quarters. but the next day, 16th February i followed them to the police stattion. i asked the IPO(Investigating Police Officer) some questions about the surety.( note my client was de frauded of 20,000 us dollars). i asked what the surety did for a living, i was told that he works for one of these igbo traders. can he afford to produce the criminal or even pay half the sum?, both my client and the police said no. then why did such a person stand as surety?
inspite all these lacuna, the surety was charged to court, in what appeared to me to me a kangaroo court. it was the first time i would be seeing charge and bail lawyers in mass. chasing after the surety as we went upstairs for him to be arraigned before a magistrate. the charge stated that since he was unable to produce the criminal and he stood as surety , he was to pay the sum of N1,000,000.00k into the Lagos state Account.
i told my client that he was not going to get a dine from all these. but he seems adamant on continuing with the case. after the charge was read out, he pleaded not guilty, his lawyer stood up and requested for bail, he was granted bail, but to be reprimanded in Kiri Kiri, until bail conditions are met. his bail conditions include bringing two sureties who would each deposit N250k into the courts account. the IPO latter led him to the cell at the lagos High Court ikeja, from were he would be taken to Kiri Kiri.
i feel for the surety, he is a victim, signing as surety for someone he did not know very well, i watched as his relatives rallied around, looking shocked and dazed, they were wondering were on earth and how they could raise N500k for government. i heard the lawyer discussing with the criminal on phone.
this was one my worse days in legal practice. i felt so bad that an innocent man was going to kirikiri because he stood as surety, i wish i could talk some sense to my client, but he wont listen. the surety is not your enemy, he did not dupe you!, he does not know you. why ? why? why? this is an horrific experience. i can just imagine what he is going through now .
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