Francis Iwuchukwu 
Gavel and scales
A Lagos State Chief Magistrates’ Court, presided over by Magistrate T. O. Abayomi, has sentenced a businessman, Olanrewaju Adiyade, to a year and a half imprisonment over his involvement in theft to the tune of N5.940 million.
Magistrate Abayomi took the decision after finding the convicted businessman guilty as charged.
Adiyade, who is into oil and gas, was arraigned on a charge designated O/02/2021 instituted by the Force Criminal Investigation Department (ForceCID) Annex, Alagbon, Ikoyi, Lagos.
The convicted businessman was specifically brought before the court on a two-count charge of stealing and obtaining the said sum under false pretence from one Chief Ramoni Onokoya.
The offence, according to the ForceCID, is punishable under Sections 314 and 287 of the Criminal Law of Lagos State, 2015.
While the trial lasted, counsel for the ForceCID, 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 counsel further tendered several exhibits, which were admitted by the court.
But Adiyade pleaded not guilty when he informed the court through his lawyer, C. U. Olayanju, 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 was admitted at UCH, Ibadan, Oyo State.
The businessman, therefore, prayed to the court to discharge him of the two-count charge.
Passing his judgment, Magistrate Abayomi cleared the businessman of obtaining by false pretence but upheld the charge of stealing the said sum from the businessman.
“Based on the foregoing, I hold that the prosecution has proven the second count charge of stealing against the defendant beyond reasonable doubt.
“Contrary to the defendant’s counsel’s submission, this is not a 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 Lagos State, the defendant being a first-time offender cannot be given the maximum sentence.
“However, to ensure justice is served, the defendant is hereby sentenced to 18 months imprisonment for the second count charge of 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 two months,” Magistrate Abayomi stated.
