Property Manager Bags Four Years Jail Term for Diverting N132m Rent

Alex Enumah in Abuja 

A High Court of the Federal Capital Territory (FCT) has handed down a four year jail term to an Abuja-based property manager, Ifeanyi Israel.

The court handed down the sentence after it founded the defendant guilty in a one count charge bordering on diversion of the sum of N132.5 million in rent.

Justice Enobie Obanor in a judgment delivered recently convicted Israel and UI Properties Ltd on the charge of criminal breach of trust in the management of the properties.

The Economic and Financial Crimes Commission (EFCC) had in June 2021 arraigned the defendants on a one count charge of criminal breach of trust, following a petition by one Dr. J. K. Okoye.

According to the charge Israel had failed to remit the said sum collected as rent from properties he was managing on behalf of the nominal complainant, who was the first prosecution witness in the trial.

At the end of trial, the court held that, “where all the essential ingredients of the offences charged, have been proved or established by the prosecution, and there is no valid defence or rebuttal from the defence, the charge is proved beyond reasonable doubt. And I so hold”. 

The judge accordingly resolved the sole issue in favour of the prosecution against the defendants. 

“The defendants are therefore found guilty of the one count charge of Criminal Breach of Trust contrary to Section 311 of the Penal Code Act, Laws of the Federation (Abuja), 1990 and punishable under Section 312 of the same law.

Following his conviction, Israel’s lawyer, C Emeka-Izima and Francis Adejoh urged the court to be lenient with the defendant on the grounds that he is the first son of his parents and shoulders the responsibility of taking care of his mother and assisting his younger siblings. 

The defendant’s counsel equally pleaded with the Court for leniency on the ground that he is the sole breadwinner of his family as his wife is unemployed and has no means of livelihood to cater to the needs of their children. 

“Having found the defendants guilty and after a thorough consideration of the severity and nature of the offence committed by the defendants, punishable under Section 312 of the Penal Code Act, Laws of Federation 1990, and having heard the plea of allocutus, consequently, the 1st defendant is hereby sentenced to four (4) years imprisonment for the single count or in the alternative an option of paying a fine of N 100,000 (One Hundred Thousand Naira) only. 

“The 2nd defendant, (an artificial person) is sentenced to pay a fine of N100,000 (One Hundred Thousand Naira) only.