An Ekiti State High Court, sitting in Ado Ekiti has sentenced a forty year old Sade Otenuga to twelve years imprisonment for offence of fraud and stealing.
According to the two count charge, the convict between 6th and 8th April, 2021 at Ado Ekiti within the jurisdiction of this court did under false pretense and with intent to defraud, obtain a sum of N620, 000.00 from one Oso Olugbenga, during same period, Sade Otenuga did steal a sum of N620, 000.00 belonging to the same Oso Olugbenga.
The offences contravene Sections 1 (3) and 11 of the Advance Fee Fraud and Fraud related offences Act, 2006 and Section 390 (9) of the Criminal Code, Cap C16, laws of Ekiti State of Nigeria.
In his testimony before the court, Oso Olugbenga, a Pastor of the Deeper Life Bible Church said, between 6th and 8th April, 2021, I transferred a sum N620, 000.00 to the convict who claimed to own a dilapidated building at Dalimore Area of Ado Ekiti. The church decided to purchase the building, as it has become hideouts for criminals in the area, adding that the convict also gave the church instruction to remove the building on it, unknowingly, she was not the rightful owner, he said, all efforts made to recover the money after the church had discovered fraud in the transaction proved abortive, he concluded.
In her evidence during cross-examination, the convict confessed to have committed the offence.
To proof his case, the Police prosecutor, Samson Osobu called three witnesses and tendered a written petition to the Police, Letter to the Manager, First Bank Nig. PLC, Statement of the convict, N100, 000. 00 cash among others as exhibits while the convict spoke through her counsel Yinka Opaleke who pleaded to court to temper justice with mercy, she called no witness.
In his judgment, Justice Lekan Ogunmoye said, it is trite that where a statute prescribes mandatory sentence in clear terms, the courts are without jurisdiction to impose anything less than the prescribed mandatory sentence as no discretion exists in the court to exercise in the matter.
‘’ The defendant is hereby sentenced to seven years imprisonment in count one (Fraud) which will start running from the date of her remand in the Federal Correctional Centre, Ado Ekiti, she is sentenced to five years imprisonment in count two (Stealing) with N20, 000.00 option of fine. The terms are to run concurrently’’ he said.
