court found, among others, that Amadi, while an employee of Eunisell Ltd owned by a businessman Chika Ikenga, abused his position and diverted the proceeds of sale of Eunisell’s goods to a company operated by him and his wife. The case highlights the growing problem of trust deficit among highly-placed employees handling sensitive employer business, …… reports.
Justice Alagoa arrived at the decision, after finding Amadi guilty of counts 4 and 5 of the criminal charge FHC/L/355C/2019 filed against him by the Federal Government through the office of the Attorney General of the Federation . PWI said, among others, that customers make payment for goods purchased directly into the company’s account and Eunisell’s customers included Shell, Total, ExxonMobil, Cando, A-Z Petroleum, Conoil etc.
Ikenga said he was shocked, as Amadi’s salary at Eunisell was N2.5m plus $4,000 monthly, his official car was a Lexus SUV and he was flying business class which the company was paying for. “Also, the defendant had all his medicals abroad and the same was paid by PWI’s company.” However, PWI did not produce a document showing that the said $4000 was part of the 1st defendant’s salary.
“PW1 said the company sent goods to A-Z Petroleum and Ammasco International via waybill and the company gave the Defendant the invoices to send to them, of which the 1st Defendant would give the customers his own bank account and retain the money paid into it for a while before remitting it. PW1 said that the Defendant’s duty as Chief Executive officer did not empower him to pay this money into his account as he has no mandate to do so.
Ikenga further testified that Amadi made payments into the company’s account without narratives from 1 January 2016 to 28 October 2016, and from January 2012 to 31 December 2015, which were discovered during the police investigation. He stated that what was reflected in the bank statement as manager’s cheque MC/Ammasco and also MC/A-Z Petroleum were not from A-Z Petroleum as they were paid in by Amadi and IDID. He alleged that N2.9b was diverted from his customers by Amadi.
The defendants also submitted that Ikenga claimed N2.9b at a time, “but later claimed that N103million was unaccounted for…” Justice Allagoa held: “I am in agreement with the submission of counsel for the prosecution in paragraph 9.1. of his final argument that the position of the 1st Defendant occupied as the Chief Executive Officer of EUNISELL, that he is in a position of a trustee even if he is not expressly so appointed.
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