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FCMB in the news again as staff member bags four years imprisonment for stealing customers’ fund

Law & Society Magazine
By Law & Society Magazine
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A staff member of First City Monument Bank (FCMB), Felix David Diete, has been convicted and sentenced to four years imprisonment for stealing the sum of  N2,000,000,00 (two million naira only).

This is coming amid the paternity controversy buffeting the bank’s Managing Director, Adam Nuru, who has stepped aside to enable the board of the bank investigate the allegation that a former female staff member of the bank, legally married, Moyo Thomas, had her two children for him.

The discovery was said to have led to the sudden death of her husband, Tunde Thomas.

Justice Jane Inyang of the Federal High Court sitting in Yenagoa, Bayelsa State convicted and sentenced Diete on Monday (January 11, 2021)

The judgment came after four years of prosecution by the Port Harcourt zonal office of the Economic and Financial Crimes Commission (EFCC).

The convict was arraigned in January, 2017 on a three-count charge bordering on stealing, contrary to Section 383 and punishable under 390 (6)(b)(8) and (9) of Criminal code CAP C-38 of the revised edition (Laws of the Federation of Nigeria) 2007 read along with Section 1(1)(d) of the Failed Bank (Recovery of Debts) and Financial Malpractices in Bank Act CAP B3 of the revised edition (Laws of the Federal Republic of Nigeria) 2007.

One of the three counts read: “That you Felix Diete  sometime in September 2016 at Port Harcourt within the judicial division of this Honorable Court being an employee of First City Monument Bank did fraudulently steal the sum of Two Million Naira (N2,000,000.00) only property of  Ukenna Ngozi Godswill, a customer of First City Monument Bank and thereby committed an offence contrary to Section 383 and punishable under 390 (6)(b)(8) and 9 of Criminal Code CAP C-38 of the revised edition (Laws of the Federation of Nigeria) 2007 read along with Section 1(1)(d) of the Failed Bank (Recovery of Debts) and Financial Malpractices in Bank Act CAP B3 of the revised edition (Laws of the Federal Republic of Nigeria) 2007.

The defendant pleaded not guilty to the charges. His plea prompted the prosecuting counsel, Adebayo Soares to prepare a ground for trial, which lasted four years, resulting in his conviction.

In his judgment on Monday, Justice Inyang said the prosecution proved its case beyond reasonable doubt on count one and convicted and sentenced Diete to four years imprisonment on the count.

The judge, however, discharged him on counts 2 and 3 on the grounds that he  denied ever seeing the other two customers who came and testified as pw2 and pw3.

Diete’s journey to the Correctional Centre started sometimes on September, 2, 2016, when three customers of FCMB complained that they gave the convict the sum of N6 million to deposit into their accounts but only deposited N4 million and made away with N2 million. (theconclaveng)

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