The Federal Government has charged Biowish ™ Africa Limited and its Managing Director, Mr. Jim Daniels-Nnah, before a Federal High Court, Ikoyi, Lagos on a three-count charge bordering on fraud, conspiracy and obtaining under false pretence.
The accused person, Mr. Jim Daniel-Nnah, who according to the charge sheet is at large, was said to have, in 2012, obtained the sum of $362,000 from Alsa Logistics limited, in Lagos, under false representation, with a promise to supply Biowish products to the company which later turned out to be false.
In the charge sheet which was signed by Effiong Asuquo an Assistant Superintendent of Police of the Police Special Fraud Unit, Ikoyi, Lagos, stated that the accused persons were said to have also defrauded Environ-Aids Technologies Limited the sum of $350,000.
The offences are said to be contrary to section 8 (a) of the Advanced Free Fraud and Other Related Offences Act of 2006 and Section 1(1) (a), (3) of the Advanced Free Fraud and Other Related Offences Act, 2006.
One of the three counts on the charge sheet stated: “That you Biowish ™ Africa Ltd and Jim Daniels-Nnah, MD/CEO, Biowish ™ Africa Ltd (now at large), sometime in 2012 in Lagos, within the jurisdiction of the Federal High Court, with intent to defraud, obtained the sum of $362,000 from Alsa Logistics Limited under the representation that you have appointed Alsa Logistics Limited exclusive distributor of Biowish products in South-south territory; and consequently supply the Biowish products to the company; a representation you knew to be false and thereby committed an offence contrary to Section 1(1) (a), (3) of the Advance Free Fraud and Other Related Offences Act, 2006.”
The case started when Environ Aid Technologies and Enercon petitioned the Inspector General of Police and the Commissioner of Police (Special Fraud Unit) on October 11 and December 29, 2013 respectively, stating that Daniels-Nnah had allegedly fraudulently obtained the sum of $350,000 from the company under the guise of supplying the respondents various chemicals for environmental remediation from Biowish Inc in the United States of America (USA).
The petitions explained that between September 2012 and December 2013, the Environ-Aid Technologies transferred the sum of $350,000 in two tranches of $150,000 and a last tranche of $50,000 on October 16, 2012, November 6, 2012 and December 14, 2012 respectively to Biowish TM Africa represented by Mr. Jim Daniels on bank account number 2531597594, BBVA Compass Bank, Houston, Texas as payment for the supply of chemicals for environmental remediation, which have not been supplied till date.
Following the commencement of the investigation by the Nigeria Police, Daniels-Nnah rushed to the courts to secure a motion exparte to prevent the police from continuing with their investigation. But after hearing arguments on the issue, Justice Mohammed Yunusa at the Federal High Court in Ikoyi, Lagos, ordered that the motion be quashed, giving police the go head to investigate the fraud allegation against him (Daniels-Nnah) and his company, Biowish Africa Limited.
Meanwhile, Environ-Aid Technologies Limited and Enercon Nigeria Limited, the companies allegedly defrauded by Daniels-Nnah and his company, Biowish Africa Limited, have also petitioned the Federal Bureau of Intelligence (FBI), through the US Embassy in Lagos, urging them to join the investigation, since Daniels-Nnah has also been evading justice and avoiding interrogation by the Nigeria Police on account that he has a resident status in the US.
The petition stated that: “We are concerned that Daniel Nnah is using his legal status in the US to evade justice by hiding under the shield of another country and refusing to honour the Nigerian Police invitation for an interview.
“It has also come to our knowledge that shortly after we transferred the $350,000 to him (Daniels-Nnah), he went ahead to acquire some exotic vehicles and real estate in the US, and we fear that he might have misappropriated our funds on these properties, hence his inability to refund the money.
“Till date, Daniels-Nnah has refused to refund our money despite our efforts in that regard. We do believe that we have been defrauded and Daniels-Nnah believes that he is untouchable because he lives in the US,” the petition stated.
