By Michael Babatunde
An Ekiti State Magistrate Court sitting in Ikere Ekiti, has ordered immediate arrest and arraignment of a lawyer and his client for professional misconduct and sharp practice.
Earlier, the lawyer, Olaniran Owoseni and his client connived to write a petition to the Police, on false information, alleging one Ogundana Idowu Samuel of conspiracy to steal, stealing and threatening violence which led to arrest and arraignment of the defendant in court on four count charge.
The charge reads that Ogundana Idowu Samuel and others at large on 8th February, 2023 at Tim Tom Road, Emure Ekiti in Ikere Ekiti Magisterial District, did conspire to commit an offence of stealing, unlawful stealing of a Bajaj motorcycle, violently threatened one Odoga Augustine and resist Police arrest, contrary to and punishable under sections 412, 295 punishable under section 302, 46 and 131 of the Criminal Laws of Ekiti State, Law No. 12 of 2021.
In his statement to the Police, the nominal complainant, Odoga Augustine said, I was riding my motorcycle along Tim Tom Road, Emure Ekiti, suddenly, I saw three men armed with cutlasses, (I can only recognize the defendant) they stopped me and demanded to release the motorcycle to them as it belongs to the defendant, I was trying to explain to them that I have a sum of N150, 000.00 under my seat but they did not listen to me, I released the motorcycle to them to safe my life. Thereafter, I contacted my lawyer to write a petition against the defendant.
To proof his case, the Police prosecutor, Inspector Bamidele Abiodun called four witnesses and tendered extra-judicial statements of the complainant and defendant, one black Bajaj motorcycle, purchasing receipt of the motorcycle among others as exhibit.
In his defence, the defendant said, I sold my motorcycle to one Abdulahi Mohammed on hired purchase, when he defaulted his payment for two months, his whereabout and that of the motorcycle could not be traced, I became worried and started putting several calls across to him but he neither picked or returned the call, I was searching for the said Abdulahi and my motorcycle everywhere until I found the motorcycle with Odoga Augustine along Tim Tom Road, Emure Ekiti, I explained everything about the motorcycle to him and showed him its purchasing receipt before I took the motorcycle away, only to see Police in my house to effect my arrest based on Barrister Olaniran’s petition on behalf of his client, there is no money under the seat as claimed by the nominal complainant, he concluded.
In his judgment, Magistrate Dotun Omoteye said, ‘’ I can reasonably infer from the disposition of Mr. Olaniran Owoseni that he railroaded the Police to charge this case to court. His desperate moves clearly further supported my inference drawn above.
It is obvious that he knows the truth of the matter. He connived with Odoga Augustine to concoct the false accusation against the defendant.
’’In the result, I hereby ordered the Police to immediately arrest Mr. Olaniran Owoswni and the nominal complainant Odoga Augustine for immediate arraignment and prosecution before this court, in line with section 16 (1) (2) of the Ekiti State Administration of Justice Law, 2014 (as amended).
The defendant is equally entitled to compensation for loss of income which was tied down base on the false accusation of Odoga Augustine among others.
On the basis of the above stated reasons, I hereby award the sum of N100, 000.00 only in favour of the defendant to be paid by the nominal complainant not later than seven (7) days of this judgment in line with section 286 of the Ekiti State Administration of Justice Law, 2014 (as amended).
In case of default of payment of the sum awarded as specify above , the nominal complainant Odoga Augustine shall be committed to prison for a period of 12 calendar month in line with section 287 of the Ekiti State Administration of Justice Law, 2014 (as amended) the Magistrate ruled.
