Justice
of the Lagos state Special Offences Court in Ikeja, Oluwatoyin Taiwo
has discharged and acquitted a former employee of the wife of the former
governor of Cross River State, Onari Duke, Ebele Mbanugo, who was
accused by Mrs Duke of stealing $110,267.57 from her non-governmental
organisation.
According to Punch, Mbanugo who is the former
Vice-Principal of the American International School, Lagos, was accused
of defrauding Mrs Duke’s NGO, the Child Survival and Development
Organisation of Nigeria, of the fund between September 2009 and October
2011.
K. O. Sarumi, the Counsel to the former first lady, alleged
that Mbanugo misappropriated the money raised for the purpose of
purchasing mammogram machines for the detection of breast cancer. The
offences, according to Sarumi, contravene sections 265(7) and 278(1) (b)
of the Criminal Law of Lagos State, 2011.
Mbanugo, however, during her testimony before the court, denied the allegations.
In
2009 she revealed that, she had established an NGO called the Run for
Cure Africa Breast Cancer Foundation to raise funds to purchase
mammogram machines. She got acquainted with Mrs Duke because she taught
her daughter at the AISL and had approached the former Cross River first
lady to use her influence to help with fundraising for the foundation.
Mbanugo
added that various Run for Cure Africa fund raising races were held on
the premises of the AISL from 2009 to 2011, with dignitaries such as
Onari; wife of the former governor of Lagos, Abimbola Fashola; and
various consul-generals in attendance.
Mbanugo told the court
that Onari had received a cheque of N7.4m from the funds raised. She
added that three mammogram machines bought were donated to the Calabar
Women and Children’s Hospital, Lagos University Teaching Hospital and a
branch of the Redeemed Christian Church of God.
She, however,
noted that a dispute arose between her and Onari over the ownership of
the initiative, leading to the criminal suit filed in court against her.
On
Monday March 4th, while delivering judgment, Justice Taiwo held that
the prosecution failed to prove that Mbanugo stole the money. She noted
that the criminal suit stemmed from a “serious and disruptive rivalry”
between the defendant and Onari on the ownership of the fund raising
initiative.
“The prosecution failed to prove that the money
misappropriated belonged to Mrs Duke. Mrs Duke was not called to testify
in this case. The testimony of the defendant showed how three mammogram
machines were bought from General Electric for $133,000, which is a sum
higher than the sum allegedly misappropriated by the defendant. The
prosecution failed to prove the source of the funds or that the
defendant fraudulently converted them to her own use.
“The
defendant had shown various brochures, pictures and documents
highlighting her passion for fighting breast cancer as her mother and
two aunts were diagnosed with the disease and she had said how early
detection saved her mother. It is unfortunate that such a laudable
initiative could be marred by conflict between Mrs Duke and the
defendant over the ownership of the foundation. The defendant is hereby
acquited and discharged.” Justice Taiwo said
Mbanugo, upon hearing the court’s verdict, burst into tears while thanking God.
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