The two were arraigned on October 1, 2007 by the Economic and Financial Crimes Commission (EFCC) on a 10-count charge of conspiracy and obtaining by false pretence, an offence that is contrary to Section 8(a) and 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, NO. 13 of 1995, as amended, by Act No. 62 of 1999.
Bello, 46, and Ajiboluwaduro, 42, allegedly conspired with Frank (now at large) to sell a plot of land situated at Plot 877, Block 34, Omole Housing Estate Phase 11 to two persons for N10million with a fake Certificate of Occupancy.
EFCC had in their information sheet alleged that Frank impersonated the original owner, Alhaji Suraju Ayilara to collect the money from a banker, Emmanuel Olushola Taylor and a businessman, Eziubochi Mark.
The accused persons were jailed 10 years each on each of the 10 counts offence of conspiracy and obtaining money under false pretence and the sentence according to the court shall run concurrently from October 4, 2007 when the second accused person was remanded in prison.
However, the jail term for the first defendant (Barrister Kole Bello), having been previously granted bail by the court, will commence from February 10 when the court pronounced the sentence.
Oyewole in his judgment held that the entire circumstance of case was unfortunate. Each of the counts attracts a punishment of a minimum of 10 years in imprisonment without an option of fine.
“The court cannot go outside this law but it will however consider the fact that the defendants are first time offenders and they must also make restitution to the complainant. I hereby sentence both of them to 10 years imprisonment on each of the counts made against them by the EFCC without an option of fine. I am also ordering them to jointly and severally pay the total sum of N10 million as restitution to the victims.”
The judge also held that the EFCC proved its case of conspiracy and obtaining money by false pretences beyond any iota of doubt.
“From the evidence before this court, the first accused person used his supposed professional, religious and political standing in the society to influence the victims to pay the N10 million to the impostor in his law office.
“The claim by the second accused person that he has never seen the impostor before the transaction is not true because he told the victims that the purported owner of the property is a friend to his father,” oyewole said.
Oyewole further in his judgement noted that the testimonies of the accused persons were riddled with inconsistencies which cannot hold water, adding that they actually conspired with the impostor (Frank) to commit the fraud.
Earlier in the defence lawyers allocutus (Plea for Leniency), lawyer to Bello, Ade Ademuwagun said, “I pray the court to ameliorate the hardship of my client because already his professional standing has been jeopardized. I therefore urge the court to temper justice with mercy because he has played his role both in practice and private life.”
Also, lawyer to Ajiboluwaduro, Adekunle Ojo, while commending the industry of the court throughout the trial, he prayed the court to temper justice with mercy.
He urged the court to impose an option of fine on the convicts.
However, the prosecution said the court should take cognizance of the notoriety of the offence on the negative effect it has had on the generality of Nigerians.
—Henry Ojelu
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