A Businessman, Olanrewaju Adiyade, has been convicted and sentenced to a year and half imprisonment, for stealing the sum of N5. 940 million, by a Lagos Chief Magistrate’s Court.
Olanrewaju who is into oil and gas business, was given the jail-term by Magistrate T. O. Abayomi, after pronouncing him guilty of the offence.
The convict was arraigned before the court in a charge numbered O/02/2021, by the operatives of Force Criminal Investigation Department (ForceCID) Annex, Alagbon-Ikoyi, Lagos, on a two count-charge of stealing and obtaining the said sum under false pretence from one Chief Ramoni Onokoya.
The offences which are punishable under sections 314 and 287 of the Criminal Law of Lagos State, 2015.
During the trial, the prosecutor, S. O. Ayodele called two witnesses, who were the nominal complainant, Chief Onokoya and Mr. Uche Benjamin, a Deputy Superintendent of Police (DSP) who investigated the crime.
The prosecutor also tendered several exhibits which which were admitted by the court.
The convict, however denied the allegation of stealing but unable to absolve himself of fraud allegation.
The convict through his lawyer, C. U. Olayanju. told the court that he did not steal the money but asked for the complainant’s permission to use it when he had a life threatening accident and admitted at UCH, Ibadan, Oyo State.
He therefore urged the court to discharge him of the two count-charge.
Delivering judgment on the charges, Magistrate Abayomi, after examined all the submissions made before the court, cleared the businessman on obtaining by false presence charge.
Magistrate Abayomi however, uphold the charge of stealing the sum of N5.940 million against him.
In sentencing the convict, magistrate Abayomi after weighing both the mitigating factors and aggravating factors held that: “….. based on the foregoing, I held that the Prosecution has prove the second count charge of Stealing against the Defendant beyond reasonable doubt, contrary to the defendant’s counsel submission, this is not failed transaction between parties but a clear case of unlawful conversion by the defendant.
“..…..The Court weighing the mitigating and aggravating factors on an imaginary scale of justice and in line with the Sentencing Guideline of the Lagos State; the Defendant being a first time offender cannot be sentenced to the maximum.
“However, to ensure justice is served the defendant is hereby sentenced to 18 months imprisonment for the second count charge stealing.
“The term of imprisonment shall be reduced to 2 months imprisonment on the condition that the Defendant pays the Complainant the outstanding balance of N5, 560,000 within the duration of two months.”