Admin l Monday, July 15, 2019
IKEJA, Lagos, Nigeria – A legal practitioner, who has spent 43 years in the bar, Mr. Olukayode Folayan has been convicted for theft of N6 million by a Special Offences court sitting in Ikeja, Lagos.
Justice Olusola Williams sentenced Folayan(67) to 9 months imprisonment for defrauding his client Mrs. Edna Falase too the tune of N6 million. Justice Williams affirmed that prosecution proved the case of stealing beyond reasonable doubt.
The convict committed the offence sometimes in March 27, 2014, when he fraudulently converted total sum of N6m belonging to the complainant for personal use. The prosecution counsel Samuel Daji called four witnesses during the pendency of trial.
Amos Lemaru, the first prosecution witness corroborated the extra judicial statement of the convict where he admitted receipt of N7million out of which he paid the sum of N1 million to the lawyer of the vendor of the property located in Shomolu area of Lagos State while he diverted N6 million for personal use.
“Having considered the totality of the evidence before me, I find and hold that the prosecution has proved both the actus reus and the mens rea of the offence of stealing with which the defendant is charged beyond reasonable doubt.
“The defence proffered by the defendant is that he has the intention to repay the money and that the sum of N1, 500, 000 (one million five hundred thousand only) is due to him as professional fees. That defence does not avail him. In the first place even if the sum found to have been stolen is less than the one in the charge, a defendant can still be convicted.
“Secondly, the mere promise to pay is not evidence that the defendant intended to repay the money. He has atleast three years to do so and the fact that till date he has not made good his promises, belies the assertion that he intends to repay the money.
“The evidence led in this case shows that a person in our noble profession who was entrusted with funds breached that trust. It is most unfortunate. There is no defence to this charge. In the final analysis, I pronounced that the defendant is guilty as charged,” the court held.
