The Magistrate Court sitting in Isabo, Abeokuta, Ogun State Capital has discharged and acquitted an Egba Chief, Kehinde Sofenwa in a case of stealing of roofing sheet and planks worth N2,500,000, a case which was lack of want of diligent prosecution,
Penpushing reports that 57-year-old Sofenwa and Seyi Onifade (50) had earlier arraigned in court on five count charge of willingly and maliciously damaged the family property of Waheed Balogun by removing the roofing sheet and plank of their house without their consent.
The charge with reference number MA/599C/2023 added that the duo thereby committed and offence contrary to and punishable under section 451 of the criminal code vol 2 reviewed law of Ogun State of Nigeria 2006.
Penpushing further reports that the charge reads that Sofenwa and Onifade allegedly kept the said materials worth N2,500,000 in their personal house and thereby committed an offence contrary to and punishable under section 383 of the criminal code vol 2 reviewed law of Ogun State of Nigeria 2006
The charge added that the duo forcibly entered Waheed Balogun family property and thereby committed an offence contrary to and punishable under section 81 of the criminal code vol 2 reviewed law of Ogun State of Nigeria 2006.
Penpushing also reports that, the complainant, however, failed to appear in court throughout the three adjournments of the case, a development the court considered, as the complainant dumping the case in court, hence, it lacked merit.
The Magistrate of the court, V.B Willliams while delivering judgement in the case on Friday declared that the action of the complainant is an indication that the case lacks merit and want of diligent prosecution in line with section 364(1)
Penpushing reports that the magistrate, therefore, struck out the case and subsequently discharged, acquitted the accused persons, the pronouncement which led to their final freedom from the case between them and the Commissioner of Police
The counsel to the defendants, Barrister Oluwatoyin Ayodele in reaction to the judgement said the court has done justice to the case in view of the fact that the complainant knew fullywell that the case was brought on malicious complaint
Penpushing reports that the lawyer pointed out that the complainant throughout the case failed to show up in court, explaining that in line with section 364(1) of administration of criminal justice of law of Ogun State, the court has followed the law by striking out the case against defendant.
The counsel emphasized that this showed that the charges does not exist, and that the case was brought under malice, stressing that it was a case of ownership that should go to the high court if the complainant has a case to proof
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