By Bukola Sanni, Dolapo Kareem
Magistrate Risikat Olayemi of the Chief magistrate court sitting in Osogbo, has sentenced one Tunji Oluyera to 3 months imprisonment with Intensive hard labour, for stealing a phone.
Oluyera was arraigned on two-count bordering on felony and stealing.
The police prosecutor, Sergeant Soyemi Bose said the accused committed the crime that on the 12th of October, 2019 at about 14:00hrs, at Dada Estate, area of Osogbo.
She explained that Oluyera unlawfully entered the shop of one Akeem Akanni with the intent to commit felony and that he stole one tecno Spark 3 phone valued N42,000.
She stated that “the offences is contrary to and is punishable under section 412, 390(9) of the criminal code Cap 34 vol11 laws of Osun state of Nigeria, 2003”.
When the charge was read, 23-year-old Oluyera pleaded guilty.
Olayemi marked the statement and the phone which was recovered from him as an exhibit.
Magistrate Olayemi stated that “upon his statement, the evidence and his plea, the court is satisfied and is convinced”.
She also said that the charges be read to him again which was done and Oluyera with tears in his eyes insisted that he is guilty.
His defence counsel, Okobe Najite said that having pleaded guilty on the two- count, he will make an allocution on behalf of his client.
Okobe stated that” because his client did not waste the time of the court and he admitted guilty right away, that he is a young man who is now remorseful and he is crying like a baby in the dock, that is an evidence that he is now remorseful for committing the crime, and also that he is a first time offender.
He prayed the court to tamper justice with mercy and that if the accused is sentenced, he may meet with hardened criminals in the prison and his wife will suffer financially”.
He pleaded with the court to caution him to sin no more or give him an option of a fine or ask him to render a community service.
Magistrate Olayemi in her ruling, found the defendant guilty on his two-count charge but because of his youthful age and his plea and also his allocution, she hereby sentenced Oluyera to 3 months imprisonment with Intensive hard labour and an option of N10,000 fine.
She added that the 3 months imprisonment with Iwill be run concurrently and the fine should be paid consecutively.
She ordered that the phone be returned to the complainant on the condition that it will be produced when needed.