A lawyer, Olamilekan Allen Bada, has been convicted and sentenced to six months imprisonment by an Ile-Ife, Osun State’s Chief Magistrate Court, for conspiracy and assaulting a Professor A. S. Obayan of political science department, Obafemi Awolowo University (OAU), Ile-Ife, Osun State.
Chief Magistrate Opeyemi Taofeek Badmus, convicted and sentenced the lawyer after founding him quilt of four counts charge made against him by the operatives of the Force Criminal Investigation Department (ForceCID) Annex Alagbon-Ikoyi Lagos.
ForceCID through it’s prosecutor, Barrister Tijani Williams, in a charge marked MIF/281c/2022, said the convicted lawyer, who is an external Solicitor and Donee of Power of Attorney of Alfred James Holding Limited, on August 17, 2021 at Modomo Ile-Ife, conspired with others now at large, to commit misdemeanor to wit: assault, malicious Damage and conduct likely to cause the Breach of peace.
Specifically, Barrister Williams told the court that the convicted lawyer and others at large, unlawfully assaulted Professor Obiyan by purchasing him on his chest, willfully and unlawfully damaged his block fence and building structure valued N1.1 million.
The prosecutor further informed the court that the convicted lawyer and others at large, after breaking and destroying Professor Obiyan’s building structure, erected a gate on the building.
The prosecutor told the court that the lawyer’s acts, contravened sections 317, 252, 45 and 249(d)of the Criminal Code of Osun State 2002. And punishable under sections 351 of the same Law.
The convicted lawyer, Olamilekan Allen Bada, denied the allegations and pleaded not guilty to the charges.
Based on his plea, he was admitted to bail in some terms and conditions.
However, during the trial of charge, the prosecutor in proving the case called six witnesses, who include: Prof. Obayan; Inspector Badmus Adeyemi, Inspector Ayodele Dania; Dr. Aliu Kolawole; Inspector Amusan Olusegun and Inspector Philips Otite, who testified as Prosecution Witnesses 1 to 6 (PW 1-6).
The prosecutor through the witnesses also tendered some documentary exhibits which were admitted by the court.
Upon conclusion of the prosecution’s case, the convicted lawyer opened his defence, and also tendered some documentary exhibits which were admitted by the court.
Chief Magistrate Badmus, after legally considered all the submissions of the parties, found Barrister Olamilekan Allen Bada, guilty of all the counts charge.
But based on the allucutor made by convicted lawyer’s counsel, Ayotunde Ibitoye, the Chief Magistrate consequently sentenced him to a total of 9 months imprisonment.
Chief Magistrate Badmus, however ordered the convicted lawyer to pay a fine option of N550, 000, 00, in lieu of the jail-term.
The chief Magistrate also ordered him to reconstruct Professor Obayan’s demolished structure or pay the sum of N1.1 million as the cost of the demolished structure.
Here is the convict’s sentence as pronounced on August 15, 2024, by the Chief Magistrate: “considering the allocutus made on behalf of convict to reduces the punishment of the ‘convict, though the court is not unmindful of right of appeal from decision of this court to the High court as stated in section 480 ACIL 2018 of Osun State.
“On count 1: the convict is caution and discharged.
“On count Il; Offence of assault punishable under section 351 Criminal Code of Osun State 2002, the convict is sentence to three month imprisonment, or pay a fine of N500, 000. 00, in place of term of imprisonment offence of malicious damage punishable under section 451 Criminal Code of Osun
“On Count III; the convict is sentence to 6 months imprisonment or pay a fine of N50, 000.00, and in addition pursuant to section 331 (1 and 2) ACJL 2018 of Osun State the convict is order by this court to put back structure of the complainant allegedly destroyed/damaged on 17/08/2021 by the defendant or pay the complainant the monetary worth, of the damaged property, assessed N1,100,000.00 as stated on the charge sheet. Note that the court order made pursuant to section 331(1&2). ACJL 2018 of Osun State shall not prejudice any right or interest in the property which the complainant or the convict may be able to establish in a civil suit.
“Furthermore, note that the term of imprisonment is to run concurrently and the convict shall not be released until payment of fine and restitution to the damaged property. God is the must just of all judges and the wise.”
