Court Imposed N750,000 Fine Against Ex-lover Of LASEMA’s DG
A Lagos High Court, sitting in Igbosere, Friday, ordered a top Lagos civil servant Ms Olaide Ibraheem and a former lover of Dr Olufemi Oke-Osanyitolu, the Director-General of the Lagos State Emergency Management Agency (LASEMA), to pay N750,000 fine for forcibly taking over Oke-Osanyitolu’s N45million property.
Ibraheem is the Director, Admin and Human Resources, Lagos State Office of Civic Engagement.
Ibraheem was however found not guilty of the third charge of criminal damage to property.
While delivering judgment, Justice Oluwatoyin Ipaye stated that the prosecution led by Mr Akin George was able to prove via an expert witness that the deed to the property was executed in the sole name of Oke-Osanyitolu.
She noted that the evidence presented by the defence’s expert witness was not convincing and was punctured by the prosecution during cross-examination.
The judge held that it was visible to the naked eye that the deed presented to the court by Ibraheem was a forgery.
Justice Ipaye noted that there was no proof that Mr Luqman Salami, the Personal Assistant (PA) to Oke-Osanyitolu directly collected funds from the defendant to purchase the property and that the evidence of the PA is accepted as convincing and relevant.
“The offence of forgery is established beyond a reasonable doubt by the prosecution.
“There was no valid marriage between the defendant and the complainant and consent was not granted by the complainant to the defendant, there was the forcible entry.
“The keys to the property were not voluntarily granted to the defendant, the prosecution has proven the offence of forcible entry beyond a reasonable doubt,” she said.
The judge, however, noted that the offence of malicious damage was not proved beyond a reasonable doubt by the prosecution due to the fact that property was undergoing renovation during the period the offences was committed.
Convicting Ibraheem, the judge said “The defendant is hereby found guilty on count one and count two but found not guilty on count three”. In his allocates (plea for mercy), the defence counsel Mr Gbenga Ojo pleaded with the court to temper justice with mercy noting that Ibraheem is a public servant, a grandmother and a first time offender.
Justice Ipaye in her response wondered why the defence allowed proceedings to degenerate to the level of conviction and sentencing despite prior calls by the prosecution for mediation between the warring ex-lovers.
The judge noted that due to the COVID-19 pandemic, a non-custodial sentence will be granted by the court to the convict (Ibraheem).
“A fine of N750,000 is imposed on the convict which is to be paid to the Chief Registrar of the court not later than 30-days. Failure of which she shall serve a prison term of two-years.
“An Order of Restitution is hereby granted. The convict is to vacate the premises not later than 30-days failing which she shall serve two-years imprisonment,” Ipaye said.
The judge noted that if the convict failed to both pay the fine and vacate the premises, she shall serve a “cumulative sentence of four-years imprisonment”.
The convict was arraigned on May 22, 2017, on a three-count charge of forgery, forcible entry and criminal damage to property contrary to Sections 52, 339 and 365(3) of the Criminal Law of Lagos 2015.
During the trial, four witnesses including Oke-Osanyitolu, his personal assistant and a signature expert, testified for the prosecution.
Six witnesses including Ibraheem, a surveyor and a police officer testified on behalf of the defence.
Oke-Osanyitolu, during his testimony, told the court that he and the defendants were former lovers and top civil servants in the employment of the Lagos State Government.
He said that during the course of their relationship, he needed accommodation for his ailing mother and had sought Ibraheem’s help in getting accommodation.
Oke-Sanyitolu said the defendant negotiated the purchase of the property on his behalf for N45million from the former owner, one Baba Yusuf in Kano.