The Nation Newspaper

Tag: Improsonment

  • Bank cashier jailed four years for N9.3m theft

    An Igbosere Magistrates’ Court, Lagos Wednesday sentenced a bank cashier, David Anibolu, to four years’ imprisonment for stealing N9, 308,000 from a customer’s First Bank of Nigeria (FBN) Plc account.

    Chief Magistrate A. O. Awogboro found him not guilty of a count of conspiracy but convicted him of stealing.

    Before sentencing, the convict’s counsel Philips Onyama made an allocutus for his client and pleaded for a sentence of a fine, or a lenient jail term.

    “He’s a first time offender; he has no father, only a sick mother who relies on him to survive. He has been in custody since March 24, 2014 and has suffered emotional and physical torture. He is also now more sober and refined,” Onyama added.

    Pronouncing judgment, Chief Magistrate Awogboro sentenced Anibolu to four years in prison, beginning from the date of his detention, adding that: “No one must be allowed to profit from his crime.”

    Anibolu, 26, was arraigned on April 3, 2014 by the Lion Building Police Division, Lagos, on a two-count charge of conspiracy and stealing contrary to Sections 409 and 285(8) of the Criminal Law of Lagos State, 2011.

    He denied the charge and was admitted to N500, 000 bail.

    During the protracted trial lasting two years and nine months, prosecuting Police Superintendent Chidi Okoye said the defendant, of No.15, Baale Street, Agbroko Iba in Ojo area of Lagos committed the offences on March 22 around 2pm at FBN Alaba 2 branch in Ojo.

    Okoye stated that the defendant, who was on annual vacation, came to the bank premises under the pretext that he wanted to help a customer to post his land use charges.

    “He fraudulently changed a customer’s identity and mandate card which enabled him to debit the said account of the sum N9 million and transferred it into various accounts,” he said.

    According to him, the theft and others committed by the accused were later discovered to be N9.308m.

    A forensic auditor attached to the bank, Solomon Akhanolu, was able to link the fraud to Anibolu through the password he used to change the customer’s identity and mandate card, the prosecutor said.

    According to Anibolu’s confessional statement which was tendered by the prosecution and admitted by the court, his accomplices, who are still at large, promised him N4million as his share of the fraud, but they disappeared with the money and gave him nothing.

    “I have been working with the bank as a teller since 2011 but on the day of the incident, I used the passwords of my colleagues with the help of “F” Key logger given to me by my friend called Afeez who is now at large. The logger helps link a customer’s identification with another that has online banking, which enables cash to be transferred successfully from one account to another. My regret now is that I was supposed to get N4 million as my share but the receivers of the money have since disappeared. I regret my action,” he said, according told the police.

    Although Anibolu disowned the statement in court, saying he was forced to make it at the station while he was detained, handcuffed, flogged and his legs chained, the court ruled during a trial within trial that there was no evidence of coercion and the prosecution’s testimony was credible.

    “There was also no trace of any bruise on the defendant,” Chief Magistrate Awogboro said and observed that since he was on leave, Anibolu did not need to go back to the bank to carry out the transaction.

    She added: “He could have made a phone call to his colleagues at the bank. If he did not have an ulterior motive, why should he be at the office on a Saturday?”

  • Man jailed four years for burglary

    An Abeokuta Magistrates’ Court on Friday sentenced a 25-year-old man, Fatunmbi Akeem, to four years imprisonment for burglary and stealing.

    Akeem, who lives at 33, Iyana Grammar School, Ogunmakin, Owode in Ogun, was charged with burglary, stealing and escape from lawful custody.

    The Magistrate, Mr Babajide Ilo, sentenced Akeem to four years on each of the three counts, with no option of fine.

    However, Ilo said the sentence would run concurrently.

    The Prosecutor, Insp. Famous Edigbue, had told the court that the convict, with others at large, committed the crime on June 15, at about 11 p.m. at Osiele area of Abeokuta.

    Edigbue said that Akeem stole some items and damaged properties worth N250, 000 belonging to four persons.

    “He broke into the shop of Mr Saheed Salami, through the ceiling which he damaged and stole wines, sweets, Tiger brand batteries and other goods worth N16, 000.

    “He also stole welding machine, grinding machine, electric cable, all valued at N50, 000.

    “At the same time, he stole two Turkeys and a fowl valued at N20, 000 from one Mr Aderonju Olaniyi,” he told the court.

    The prosecutor added that on May 23, at about 4.30 a.m. at Erunwon, Abeokuta, the accused also stole a Bajaj motorcycle with registration number SGM 504 WU valued at N130, 000, property of one Adewale Adeogun.

    He said that the accused was arrested and that while in police custody at Oke Itoku Divisional Headquarters in Abeokuta, he tried to escape from the cell and was caught.

    Edigbue said that the offences contravened sections 411, 390 (9) and 516 of the Criminal Laws of Ogun state, 2006.

    The accused pleaded guilty to the three charges against him.

  • Man jailed two years for internet love scam

    A Lagos State High Court sitting in Ikeja Wednesday sentenced a man to two years imprisonment for defrauding two American women by posing as their white lover.

    Justice Kudirat Jose convicted Ibobo Frank alias James Simmons after he pleaded guilty to a two-count charge of possession of documents containing false pretence, preferred against him by the Economic and Financial Crimes Commission (EFCC).

    In an amended information dated February 2016, EFCC counsel, Mr. A. A. Adebayo, told the court that the Commission received a petition from “a concerned Nigerian”, who refused to disclose his identity, “that a group of small boys living at different apartments located at Westwood Estate, Lekki, Ajah, Badore in Lagos, were living far beyond their means of livelihood.”

    He said after carrying out preliminary investigation, EFCC operatives swooped on Westwood Estate on January 7, and arrested Frank.

    The prosecutor added that at the time of the arrest Frank had, “in your possession, with intent to defraud, email conversations sent between September 24 and December 18, 2014, containing false information wherein you represented yourself as a white man to one Nancy Rooley.”

    He said Frank was also found in possession of email conversations sent between December 15 and 27 “containing a false pretence wherein you represented yourself as James Simmons, a white man purportedly in love with one Shirley Davis.”

    Confronted with the evidence, Frank admitted the charges and entered a plea bargain with the anti-graft agency.

    Before he was sentenced, defence counsel Tokunbo Olawuyi made an allocutus on behalf of his client.

    He said: “Frank is a young man in his twenties and a first time offender. He was abandoned by his father at infancy and is the sole breadwinner of an aged mother and a two-year old son. He fell into bad company because he had no fatherly figure to guide him in life and he has now fully seen the error in his ways.”

    Justice Jose warned Frank against going back to crime and pronounced judgment on him.
    She said: “The defendant is sentenced to a term of two years imprisonment to take effect from January 6, 2015, the date the defendant was arrested and detained by the EFCC.

    “The defendant shall undertake to be of good behaviour upon regaining his freedom.”

     

  • Ibinabo weeps as Court confirms five years’ jail term

    Ibinabo weeps as Court confirms five years’ jail term

    • Actress heads to Supreme Court

    The Court of Appeal Lagos Division, Friday dismissed an appeal filed by ex beauty queen, Ibinabo Fiberesima challenging a Lagos High Court judgement which sentenced her to serve five years in prison for the death of one Dr. Giwa Suraj.

    The embattled president of the Actors’ Guild of Nigeria (AGN) was sentenced by Justice Deborah Oluwayemi for reckless driving which caused the death of Suraj in an auto accident along the Lekki-Epe Expressway, Lagos.

    He was a staff of a Lagos State hospital.

    Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina, urged the court to set aside the sentence and restore the decision of the Magistrate Court which sentenced her to a N100, 000 fine.

    But, delivering judgment Friday, the appellate court dismissed the appeal and affirmed the High Court’s judgment.

    In a unanimous decision delivered by Justice Jamilu Yammama Tukur the court held that the trial Magistrate Court lacked the discretion to grant Ibinabo an option of fine after her conviction.

    It held further that the appeal lacked merit and thereby dismissed it accordingly.

    Other members of the panel are Justice U.I. Ndukwe-Anyanwu (Mrs.) (presiding) and Justice Tijani Abubakar respectively.

    Ibinabo, who was visibly apprehensive throughout the proceeding, burst into tears immediately the judgment was delivered.

    The court had, at its last sitting, ordered her to appear before it on judgement day.

    Speaking on the judgement, her lawyer, Nnaemeka Amaechina, said it would be challenged at the Supreme Court adding that a Notice of Appeal had been filed already.

    The Commissioner of Police, Lagos State Command had in 2005 charged Fiberesima to an Igbosere Magistrates’ Court on a two-count charge of dangerous and reckless driving along the Lekki- Epe Expressway, Lagos which resulted in the death of Suraj.

    She was awarded a N100, 000 fine by the Court, but this decision was tested at the High Court by the Lagos State Government.

    At the High Court, Justice Oluwayemi set aside the option of N100, 000 fine imposed and sentenced Fiberesima to five years imprisonment for dangerous and reckless driving.

    She held that the trial Magistrate exercised judicial recklessness when he gave the convict an option of N100, 000 fine and this did not serve the purpose of justice.

    She subsequently ordered that the N100, 000 should be returned to Fiberesima.

    The court added that Section 28 of the Road Traffic Law clearly provides that where a reckless and dangerous driving has caused the death of a person, the accused person shall be guilty of an offence and is liable on conviction to imprisonment of seven years.

    Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina before the Court of Appeal urged the court to set aside the five year sentence and restore the decision of the Magistrate Court.

    Amaechina had argued that the Magistrate’s Court exercised its discretion properly and there was no ground to review it by the high court.

    He submitted that by virtue of the Notice of Increased in Jurisdiction of Magistrates, No. 7 of 2006, the trial Magistrate could only impose a maximum of 7 years imprisonment or N100, 000.00 fine.

    He added that N100, 000.00 fine is the maximum limit the trial Magistrate can impose as fine and that was what it imposed on the appellant.

    In her response, counsel to Lagos State, Rotimi Odutola (Mrs.) argued that the law creating the offence of dangerous driving causing death has provided for a term of imprisonment as punishment for anyone convicted under section 28 hence the trial Magistrate ought not to exercise such arbitrary discretion to impose N100.000.00 as fine.

    Odutola further submitted that the children of the deceased have been permanently deprived of the ‘’measureless contributions’’ of their father to their lives as a result of his death caused by the appellant.