A Federal High Court sitting in Ado-Ekiti on Wednesday sentenced a welder, Olatunji Bangboye, to five years in prison for falsely obtaining the sum of N3.7 million from one Chinedu Okpara.
Delivering judgment, Justice Uchena Agomoh, found the convict guilty of the three-count charge levelled against him and subsequently sentenced him, the News Agency of Nigeria, (NAN) reports.
“Having given a careful submissions of both counsel in this sentence hearing, there’s no gainsaying that the convict is a first offender and he is remorseful.
“Learned counsel to the convict has submitted that convict has domestic responsibility, having four children and aged parents.
“This is a great responsibility and therefore wonders what happen if the convict is away for too long.
“There is also an evidence before this honourable court that the convict had refunded the sum of one million through the police, out of the total contract sum; that shows he is remorseful and ready to restitute.
“The demeanor of the convict throughout the trial shows that he is remorseful. As a result of the COVID-19 pandemic, the Chief Judge of Nigeria,(CJN) has urged judges to decongest correctional centres.
‘Therefore, on count one, the convict is sentenced to two years in prison without an option of fine. On count two and three, he Bangboye is sentenced to one year and six months on each count,” Justice Agomoh ordered.
Agomoh said that the balance of the sum of N2.7 million must be paid by the convict to the victim within six months from July 1, 2020 with the knowledge of the prosecutor by way of showing restitution.
NAN reported that earlier, the Police Prosecutor, Mr Samson Osobu had told the court that the defendant between 2015 and 2017, in Ado-Ekiti under false presence and intent to defraud obtained building materials valued at N3.7 million from one Chinedu Okpara.
Osobu said the defendant between Feb. 22 and March 3, 2017 issued cheques to one Chinedu Okpara and when presented were dishonored due to lack of funds.
The prosecutor said the offence committed by the convict contravened Sections 1(1)(3) and 11 of the Advance Fee Fraud and other related offence Act, 2006 and Section 1(a)(I) of the Dishonoured cheque Act.
He relied on Section 11 of Advance Fee Fraud and other related offences Act, praying the court to order restitution or compensation by the convict to the victim.
The defendant, (Convict) had earlier pleaded not guilty to the three-count charge when it was read to him by the court.
The defence counsel, Mr Toyin Oluwole, also prayed the court to temper justice with mercy, adding that the convict was remorseful and ready to restitute.(NAN)
– Jun. 10, 2020 @ 13:09 GMT |