A car sold to a customer by First City Monument Bank becomes the subject of theft and falsification
By Ernest Omoarelojie
On 10 July 2008, Mrs Abigail Omotunde was at her 47B, Herbert Williams Street, Gbagada, Lagos, residence attending to some household chores when some policemen came calling. Their mission, she learnt, was to arrest Adenusi Olusesan Omotunde, her 33-year-old first son, for alleged car theft and falsification of Customs documents. Though the 63-year-old mother was relieved that Sesan, as he is fondly called, was in far away Warri, where he works with the British-American Tobacco Company, BAT, the fact that he was wanted by the police sent her into a shock that landed her in a hospital where she spent the next four days.
Sesan’s alleged involvement in car theft and document falsification began in January this year, when one Edema John, a sales executive with First City Monument Bank, FCMB, Effurun branch, Delta State, approached him with information that his bank wanted to sell a Honda HRV (2000 model) car. Sesan visited the bank to inspect the car, and negotiation began. On 8 February, Sesan paid the agreed N1million price for the car via two bank drafts–one, a N600,000 draft drawn from Zenith Bank and the other, N400,000 from Guaranty Trust Bank–into the account of Messrs Pneuma Resources Limited at FCMB, Allen Avenue branch, Lagos. The bank gave him all documents confirming the sale and to enable him register the car in his name. Satisfied that he had made a good bargain, he took the car to his wife in fulfilment of a promise he made earlier to get her a car for her business.
In May, Sesan was jolted when FCMB called to inform him that another person had surfaced with claims that the car belonged to him. The official, however, assured him that he had no reason to worry as the situation was under control. The bank only needed to inform him, the official claimed, because the new claimant was threatening to find and impound the car. How come another man is claiming ownership of the car, Sesan wanted to know? Police investigations revealed that the man who presented the car as collateral for a loan had presented fake documents, especially Customs’ papers. But the bank official assured Sesan that there was no need to worry as it was on top of the situation. The assurance, however, did not stop the police from raiding his family home, which resulted in his mother being admitted in the hospital for trauma.
Following the development, Sesan, through his counsel, Messrs Braintree Solicitors, filed a letter of protest to the bank, stressing the embarrassment and trauma the car debacle was causing not only himself but also his friends, associates, immediate and extended family. In the letter, dated 15 July, Sesan demanded that FCMB, within seven days, meet with the police in Asaba to clear him of any wrongdoing whatsoever and pay him damages of N5million for psychological trauma. He threatened to employ every available legal means to seek redress if the bank failed to do so. “We are demanding an apology from the bank, damages of N5,000,000 (five million Naira) for psychological trauma caused our client and his family by this deal gone sour and that you meet with the officer in charge, Anti-Fraud section, State CID, Asaba to clarify issues immediately within seven (7) days of receipt of this letter,” the letter read in part.Seven days later, FCMB responded, disclosing that it had mandated an external solicitor to “handle the police investigation/charge on the sale of the vehicle”. Though the bank told Sesan that it had no control over the case since it had become a police matter, it acknowledged that it sold the car to him. “You will agree that we cannot interfere with the police investigation even though the matter appears malicious and we suspect the customer who is now at large, is the person fraudulently instigating a third party claim on the vehicle. Please be assured that we are mindful of your client’s interest and reiterate we sold the car to him,” FCMB wrote in its letter dated 22 July.
Despite the bank’s assurance, Sesan’s trauma was far from over. On the same day FCMB wrote its acknowledgement, the police wrote to BAT, Sesan’s employer, advising it to release him for interrogation. “This department is investigating a case of stealing and falsification of Customs document reported against one Adenusi Omotunde, a staff of your company. You are requested to release him to the detectives to interview the Assistant Commissioner of Police in charge of Criminal Investigation Department (CID), Asaba, Delta State, through the officer in charge of Anti-Fraud section,” read the letter, dated 22 July and signed by Celestine C Okoye, Assistant Commissioner of Police, D Department, Police Hq, Asaba.
Without waiting for the company’s acknowledgement, a team of policemen from the command stormed BAT’s 15, Deco Road, Warri office and arrested Sesan in the presence of his colleagues. They took him to Asaba, where he was detained. The police later agreed to release him in Ibadan on the condition that he produced the car. Sesan therefore asked one of his friends to bring the car from Lagos to Ibadan. Upon the presentation of the car as agreed, Sesan was released on bail.
For the second time, Sesan’s counsel wrote a letter of protest to FCMB. This time the bank was not only asked to refund the N1 million he paid for the car, but an additional N10million for the assault he suffered in the hands of the police. “We hereby demand the following within seven (7) days of the receipt of this letter: the refund of the purchase price of the said vehicle to our client and the sum of N10,000,000 (Ten Million Naira) for the unwarranted assault your negligence caused our client as we believe that a corporate organisation like FCMB should exercise diligent care in all claims by your clients and also for the loss suffered since the impounding of the said car,” read the letter dated 1 August.
In its response, FCMB pointed out that the matter was a police case over which it had no control, even though it was dissatisfied with the manner of investigation. The bank again acknowledged that it sold the car to Sesan but it said nothing about addressing his demands. “It is quite unfortunate that the vehicle has been impounded by the police, but we reiterate that we sold the car bona fide to your client,” FCMB wrote in its reply dated 27 August.
Between August and the time of this report, neither the police nor FCMB has informed Sesan of what has become of the matter or his demands. This, according to the young man, is even more frustrating given the trauma he has suffered. Since the police impounded the car, he said he again wrote to FCMB, he has been paying N20,000 daily for hired cabs to facilitate his wife’s business. This time, the bank failed to acknowledge his letter, a reason he decided to institute legal proceeding against it at an Effurun High Court on 20 October. His demands include: refund of his N1 million, N10 million for general damages, N20,000 per day from 1 August being the amount for daily hire of a car, 21 per cent interest on the car price until the court delivers judgment and another 21 per cent post-judgment interest until FCMB liquidates the judgment sum.
This medium gathered that the cause of Sesan’s trouble is the bank’s inability to ascertain the genuineness of the documents it received from the client who guaranteed a loan facility with the car. The man, whose identity could not be ascertained by this medium, defaulted in repaying the loan, prompting the bank to take possession of the car and soon after auctioning it. However, the man turned out to be a smart alec who had successfully obtained the loan with fake documents of a car that belonged to someone else. He has since disappeared into thin air.
Attempts by this medium to speak with FCMB proved unsuccessful. Bamidele Ayodele, the man who is said to have led the car sales negotiation team, turned down requests to speak on the matter. The reason, according to Ayodele, is that it would be subjudice to speak on the matter since it is already in court.
The Investigation Police Officers, identified simply as Godspower and Obodo, also did not respond to enquiries made by this magazine. Edema, the bank official who linked Sesan with the bank, is allegedly on the run and has been declared wanted by the police. Edema, 35, according to the police, connived with others also at large, to steal the car valued at N1.4 million, belonging to one Paul Kpologu. The case is already at an Effurun Magistrate Court.
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olu
18 December 2008 22:11I wonder why Nigerians Police act like illiterate. Nigerians need to clean this organ of government called Nigeria police.They are the most useless element created ever. There should be new rule for recritment of police, otherwise
seyi oog
20 December 2008 02:52It is time all Nigerians can have a fool proof ID like is the case in many countries of the world. Investors would be scared to death when they read articles showing things like this still go on in Nigeria.