IT appears 35-year-old Kelvin Igha Ighodalo believes in the much-quoted expression, ‘the end justifies the means’ – which for him includes the life of crime. Like the moth is instinctively pulled to the flame, Ighodalo seems to have an attraction to crime.
He was in the Ikoyi Prisons serving a six-year term for a charge of murder and receiving stolen goods when he was again recently implicated in, charged and jailed by an Osogbo High Court, presided over by Justice Oyejide Falola, on a six count charge including theft and advanced fee fraud, using a mobile phone belonging to the Osun State Governor, Mr. Rauf Aregbesola.
The most confounding aspect of the story is how he was able to use the stolen phone, which he got from one of his accomplices while serving term in prison in Lagos State, to swindle the paramount ruler of Ijesaland, Oba Adekunle Aromolaran, and some others.
According to court records, Ighodalo was not the actual person who stole Aregbesola’s phone on the 10th of November, 2010 (he was then in prison). While the governor was busy reading his address at a state function at the Government Technical College, Osogbo, that particular day, a suspected hoodlum made away with his Sony Ericsson mobile phone valued at N50,000.
How the phone eventually got to Ighodalo inside his cell in Ikoyi Prison, however, still remains a mystery; but Ighodalo, who according to investigation carried out by security agencies and presented before the court is a dismissed police officer, arranged the stealing of the governor’s mobile phone.
Saturday Tribune gathered that before the SIM card was eventually blocked, right in Ikoyi Prison, Ighodalo had impersonated the governor and defrauded many of his close associates using his telephone number.
Credible sources told Saturday Tribune that, apparently anticipating proceeds from the criminal act, Ighodalo informed a prison officer at Ikoyi Prison that he wanted to use his bank account to receive money meant for the appeal of his conviction. The prison officer obliged and his account at one of the new generation banks (names withheld) was used to collect the first proceed from the impersonation act, N500,000, which was fraudulently obtained from Oba Aromolaran.
But the prison warder later declined further use of his account and convinced his brother, to allow his bank account for subsequent deposits.
Apart from Oba Aromolaran, Mr Shenge Rahaman (a lawyer) and numerous others were also defrauded to the tune of millions of naira.
The bubble finally burst for Ighodalo and his team one day in June 2011 when they called Rahaman again asking him to pay another sum into the account. Unfortunately for them, the man was at the same function with Aregbesola (whose phone was being used to make the call).
Knowing that Aregbesola, who was just a short distance from where he was, could not have placed that call, he reportedly drew the attention of the governor to the development who promptly alerted the security service.
The owner of the bank account was eventually arrested in June 2011 as he tried to withdraw another huge sum paid into his account. He then led the police to the prison officer, and the dragnet led back to Ighodalo.
Ighodalo was arrested and, together with his accomplices, charged with a six-count charge of conspiracy to obtain money under false pretence, obtaining money under false pretence, stealing and impersonation.
Although Ighodalo was granted bail by the court, he jumped bail and attempted to commit a similar offence but was caught in the process.
He was later arraigned on the six-count charge, to which he pleaded guilty.
While the trial was on, counsel to the other suspects, canvassed a no-case submission before the court, but Justice Falola ruled that the accused had a case to answer. Their own case is still on in Osogbo.
The first three counts carry 20 years maximum term with no option of fine. The other three counts carry seven and 14 years (for two).
Section 1(1) (c) and (3) of the Advance Fee Fraud and Related Offences Act 2006, under which the charge was brought, provides that: “Notwithstanding anything contained in any other enactment or Law, any person who by any false pretence and with intent to defraud obtains any property, whether or not the property is obtained or its delivery is induced through the medium of contract induced by false pretence, commits an offence under this Act….;
“A person who commits an offence under Subsection (1) or (2) of this section is liable on conviction to imprisonment for a term of not more than 20 years and not less than seven years without the option of a fine.”
Section 8 (a) and (c) of the same Act that deals with conspiracy provides: “A person who (a) conspires with, aids, abets or counsels any other person to commit an offence; (c) incites, procures or induces any other person by any means whatsoever to commit an offence under this Act, commits an offence and is liable on conviction to the same punishment as is prescribed for that offence under this Act.”
While delivering his judgment, Justice Falola held that the convict did not deserve to mingle with the society until he had paid for his crime. And exercising his discretion within the limited space allowed by law, he sentenced him to 10 years term on each of the first three counts (instead of 20 years); and five years each on the last three counts (instead of seven years or 14 years).
This was because the convict had pleaded guilty and had accepted the facts as presented by the prosecution.
However, from the calculation, he is to spend 10 years in prison, as the court had pronounced that the prison terms are to run concurrently.
The prison warder and his brother will open their defence next month before the same judge.
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