An Ikeja Magistrates’ Court, on Thursday, convicted a truck driver, Damilare Bello, who conspired with another truck driver to steal 41 bags of flour worth N1.28 million.
Mr Bello was arraigned with Adeleke Adeshile on June 8, 2022, on a two-count charge of conspiracy and stealing and both pleaded not guilty.
Mr Bello, however, changed his plea to guilty on Aug. 2.
The Magistrate, Lateef Owolabi, summarily sentenced Mr Bello on count one to two years imprisonment while count two attracted two months in jail.
Mr Owolabi, however, granted the convict the option of N200,000 fine on count one and the same amount on count two.
The magistrate said that the terms in prison were to run concurrently while the fines must be paid on each count.
Mr Owolabi said that sentence would commence Aug. 17 and directed that Mr Bello should restitute to the complainant the full value of 42 bags of flour valued at N1.28 million before his release.
“However, he shall be released after completion of his term whether or not he pays the restitution and the complainant is at liberty to use legal means to recoup the restitution sum,” he said.
Mr Owolabi said that he had critically evaluated the facts presented by the prosecution vis-à-vis Section 213 of the Administration of Criminal Justice Law.
“I am satisfied with the facts presented by the prosecution, they are detailed, cogent and helpful. The narration by the prosecution supports the charge and is also in tandem with the intendments of the law.
“The settled principle of law has always been that an admission of guilt so long as it is free, direct, positive and voluntary is enough to ground a conviction.
“It is settled law that there are three methods of proving offences by the prosecution in order to obtain a conviction.
“These three methods of proof are; by testimony/testimonies, by eyewitnesses; through confessional statement of an accuse and through circumstantial evidence, see Emmanuel Ugboji V the state, 2017.”
The magistrate adjourned the trial of Mr Adeshile, the first defendant, to Sept. 11, 12 and 13.
Earlier, the police prosecutor, ASP Josephine Ikhayere, had told the court that the defendant, in company of Mr Ashile and others, diverted the 41 bags of flour while in transit from Lagos to Kano.
She said that the bags of flour were stolen from the truck with registration number: TTD22YL, belonging of GPC Energy and Logistics Ltd.
(NAN)
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