Court of Appeal Upholds Conviction of Ex-Imo Transport Commissioner Over N180 Million Fraud

The Court of Appeal sitting in Owerri, Imo State, has affirmed the conviction and three-year prison sentence handed to Prince Laseberry Okafor Anyanwu, a former Commissioner for Transport under the Rochas Okorocha administration, over a N180 million fraud case.

The appellate court, in a unanimous judgment delivered by Justice Mohammed Lawal Abubakar, upheld the ruling of the Imo State High Court delivered by Justice K.A. Lewanya on March 14, 2023. The court held that Anyanwu, while serving as Commissioner, conferred corrupt advantage upon himself by fraudulently diverting public funds to a company in which he had personal interests.

Anyanwu was arraigned by the Enugu Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) on November 26, 2020, on a four-count charge bordering on abuse of office and diversion of public funds. He was accused of misappropriating N180 million from the account of the Imo State Transport Company and transferring it to Oma Oil and Industries Limited—where he held positions as shareholder, director, and chief executive.

According to one of the charges, between November 6 and 10, 2017, Anyanwu caused the transfer of N100 million from the Imo Transport Company’s account with Imo State Microfinance Bank to Oma Oil’s Polaris Bank account. Another count detailed how, on January 31, 2018, he orchestrated the transfer of an additional N80 million from the Imo State Ministry of Transport to the same company.

Despite pleading not guilty, the EFCC, led by prosecution counsel Assistant Commander of the EFCC (ACE II), Michael Ikechukwu Ani, presented three witnesses and submitted several documents admitted as evidence.

Justice Lewanya found Anyanwu guilty on counts 2, 3, and 4, sentencing him to one year in prison on each count, to run concurrently, without an option of fine. He was acquitted on count 1. The court also ordered the forfeiture of the N180 million already under interim forfeiture in the convict’s accounts to the Imo State Government.

Following the conviction, Anyanwu filed an appeal challenging the judgment. However, the appellate court dismissed the appeal for lack of merit and affirmed that the EFCC had indeed proved its case beyond reasonable doubt.

Justice Abubakar, delivering the lead judgment, noted that the appellant acquired a direct private interest in the lease agreement between the Imo Transport Company and Oma Oil, in clear violation of the law.

The offence contravenes Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.

With this ruling, Prince Anyanwu will serve out his sentence while the forfeited funds remain the property of the Imo State Government.