
Oguike Was Remanded for Two Weeks in July, 2009
The High Court in Banjul has convicted and senteced the managing director of the Daily Express newspaper in The Gambia to a one year mandatory jail term after he pleaded guilty to obtaining D25,000 from a commercial bank through false means.
Chibuzo Oguike was sentenced to pay a fine of D5000 or in default to serve one year imprisonment for the offence of forgery; D2000 for the offence of obtaining credit by false pretence or in default to serve six months imprisonment; and one year imprisonment ‘without any option of a fine’ for the offence of uttering false documents.
Prior to the judgment, Justice Joseph Wowo of the High Court condemned the act of the convict (Oguike) and described it as 'barbaric'.
The Daily Express boss, who is commonly known as Alex, pleaded guilty to charges of criminal offence of uttering documents, after he was charged with five counts of forgery; obtaining goods by false pretence, making documents without lawful authority, and uttering documents - contrary to the laws of The Gambia.
Earlier, in his plea of mitigation, defence counsel Uzoma Achigbue told the court that the convict’s wife has newly delivered a baby and that the wife was very ill after a post natal complication. Uzoma also called on the court to be lenient with the convict in passing judgment.
However, Deputy Director of Public Prosecution (DDPP), Mikailu Abdullah, urged the court to sentence the convict according to the law.
The DDPP further urged the court to exercise its discretion judicially and judiciously, arguing that not only for the interest of the accused, but also the need to protect the society from such criminal acts.
The convict was alleged to have gone to the International Commercial Bank and requested to be granted an overdraft facility of D25, 000 claiming that he has a contract with Gamcel worth D151, 000.
The Daily Express boss was alleged to have presented contract documents from Gamcel to the Bank and the Bank requested him to bring a letter from Gamcel to remit all payments due to him into his account with the said Bank.
Consequently, the convict using a Gamcel letterhead paper forged vouched letter purported to have been written by Modou Jallow of Gamcel's accounts Department and presented it to the Bank.
Based on this misrepresentation, an overdraft facility of D25, 000 was granted to him for one month. The Bank later enquired from the convict whether Gamcel did pay him for the contract, and he responded that the GSM Company has called him to collect the payment cheque.
The Bank also made further enquiries from Gamcel management on why the funds were not deposited into the convict's account. However, the management of Gamcel informed the bank that they were not aware of such transactions.
During investigations conducted by the police, the convict (Oguike) admitted committing the alleged offence. He was later charged and arraigned before the Court, where he pleaded guilty to three of the five counts.