Justice D.I. Dipeolu of the Federal High Court sitting
in Ikoyi, Lagos, on Monday, July 14, 2025, convicted two companies, FARM360
Limited and MCBHADMOS Trans-Atlantic Trade Limited, for illegal capital market
operations.
The companies were arraigned by the Lagos Zonal
Directorate 2 of the Economic and Financial Crimes Commission, EFCC,
on Monday, June 16, 2025, on a five-count charge bordering on
operating collective investment schemes without a licence either by the Central
Bank of Nigeria, CBN, or the Securities and Exchange Commission, SEC.
It was alleged that both firms, between 2021 and 2022,
collected the sum of N80,000,000.00 ( Eighty Million Naira) from several
investors, but defaulted in refunding them or paying back the interests accrued
on their investments.
One of the counts reads: ”That you, FARM360 LIMITED
and MCBHADMOS TRANS-ATLANTIC TRADE LIMITED, sometime between 2021 and
2022 in Nigeria, within the Judicial Division of this Honourable court, being
companies incorporated in Nigeria, failed to obtain a valid licence from the
Central Bank of Nigeria to carry on your business of Investment management and
you thereby committed an offence contrary to Section 57 of the Banks and Other
Financial Institutions Act 2020 and punishable under Sections 57(5) of the same
Act.”
A “not guilty” plea was entered for the company.
The prosecution counsel, Abdulhamid .L.Tukur,
consequently called on Nnadikwu Izuchukwu Collins, an investigator with the
EFCC, to review the facts of the case.
Collins, in his review of the facts of the case, had
stated that the EFCC, on October 21, 2022, received a petition from a
group of investors against the defendants, FARM360 and MCBHADMOS
RANS-ATLANTIC TRADE LIMITED, alleging that they claimed to be into agricultural
business and forex trading, “with mouth-watering promises of
returns on investments .”
He also told the court that the group invested the
total sum of N93,000,000 with the defendants.
He further stated that: “In the course of
investigations, letters of investigation activities were sent to the Securities
and Exchange Commission SEC, banks, the Central Bank of Nigeria, CBN, and then
Corporate Affairs Commission CAC, respectively.
“Responses were received from the above institutions
and were analyzed accordingly. The response from SEC and CBN revealed that the
defendants, FARM360 and MCBHADMOS RANS-ATLANTIC TRADE LIMITED, are not licensed
to deal in investment and forex trading business in Nigeria.
“The response from Fidelity Bank showed that the sum
of N80,000,000.00( Eighty Million Naira) got from the investors were
utilised for personal use. The directors of the companies are all
at large and efforts are being made to apprehend them.”
The prosecution counsel had, therefore,
tendered, in evidence, the bank statement from Fidelity Bank, the petition
received by the EFCC from the group of investors, letters to the CAC, CBN
and SEC and their responses.
Justice Dipeolu admitted and marked them as
exhibits.
At Monday’s sitting , Justice Dipeolu convicted the
companies on all the counts and also ordered them to pay a fine of N5,000,000(
Five Million Naira ) on each of the five counts .
In a related development, the judge also convicted
another company, Quintessential Investment Company Limited, for illegal capital
market operations, following its arraignment by the Lagos Zonal Directorate 2
of the EFCC on a two - count charge bordering on operating collective
investment schemes without a licence by the Central Bank of Nigeria,CBN.
One of the counts reads: “That you, Quintessential
Investment Company Limited, sometime within January and December 2020 in
Nigeria, within the Judicial Division of this Honourable court, being a company
incorporated in Nigeria, failed to obtain a valid licence from the Central Bank
of Nigeria, CBN, to carry on your business of investment management and you
thereby committed an offence contrary to Section 57 of the Banks and Other
Financial Institutions Act 2020 and punishable under Sections 57(5) of the same
Act.”
A “not guilty” plea was entered for the company,
hence Tukur called on Collins to review the facts.
Collins, while reviewing the facts of the case, had
stated that the Commission, between 2021 and 2022, received over 25 petitions
from various investors, including one Wisdom Odianosen Okoduwa, against the
defendant, Quintessential Investment Company Ltd., and its alter ego, Joshua
Adeyinka Kayode.
According to him, “the petitioners alleged that the
defendant made wide-range adverts in 2020 and 2021 calling on members of
the public to invest in his forex trading business, with a promise of 35%
monthly return on their investments.
“ Based on the defendant’s assurances, they
cumulatively invested the total sum of N1.2bn( One Billion, Two Hundred Million
Naira) and $5,000.00 ( Five Hundred Thousand United States Dollars).
Continuing, Collins had said: “They further
alleged that, at the maturity of their investments, the return on investments
and capital were never received. They also alleged that the defendant had been
evading all communications, hence they wrote a letter of complaint to the
Commission.”
He had further told the court that, in the course
of investigations, letters of investigation activities were sent to the
Security and Exchange Commission, SEC, banks, the Central Bank of Nigeria, CBN,
and the Corporate Affairs Commission, CAC, respectively.
“ Responses were received from the above institutions
and were analyzed accordingly. The responses from the SEC and the CBN revealed
that the defendant, Quintessential Investment Company Limited, is not licensed
to deal in investment and forex trading business in Nigeria.
“Further analysis on the defendant’s account in
United Bank of Africa, UBA, revealed that the defendant received the
total sum of N1, 195,646,432.25 ( One Billion, One Hundred and Ninety-five
Million, Six Hundred and Forty-six Thousand, Four Hundred and Thirty-two
Naira and Twenty-five Kobo) and this money was disbursed for personal use and
paying back existing investors,” he had added.
He had, thereafter, tendered in evidence the
statements from United Bank for Africa, the petition received by the EFCC from
a group of investors, investigation reports capturing other investors, banks’
statements, letters to the CAC, CBN, SEC and UBA and their responses, which
were admitted and marked as exhibits.
In his ruling on Monday, Justice Dipeolu convicted the
company on counts one and two and ordered it to pay a fine of N5,000,000( Five
Million Naira ) on each of the two counts .
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