Osun high court sentences land grabber to 24 years imprisonment

From John Dike, Osogbo

An Osun State High Court sitting in Ede, has sentenced Aborisade Tope Oluwaseyi, to Twenty four (24) years imprisonment for sundry offences.

 

Aborisade Tope Oluwaseyi and Omoloye Adetunji were arraigned before the Court presided over by Justice Kudirat Akano, on January 20, 2022 on the seven (7) counts bordering on the following;  conspiracy contrary to section 8 and punishable under 1(3) of the Advance fee Fraud and Other Related Offences Act, 2006,

 

Count 2 -Obtaining property by false pretence contrary to section 1(1),(a),(b), (c)and (2) and punishable under section 1 (3) of Advance Fee Fraud and Other Related Offences Act, Cap. A6, Volume 1, Laws of the Federation of Nigeria, 2006

 

Count 3- Cheating Contrary to and punishable under Section 421 of the Criminal Code, Cap. 34 Volume 2, Laws of Osun State, 2002.

 

Count 4 -Fraudulent Land Agent Contrary to and punishable under section 6(1-3) of the Land grabbing Law of Osun State

 

,Count 5 -Sale of Landed Property Without Lawful Authority of Owner contrary to Section 9(1), (a), (b), (c) of the land grabbing Law of Osun State

 

Count 6 -Forcible Entry contrary to and punishabe under Section 3 of Osun State Forcibly Entry and illegal Occupation of Landed properties (Prohibition) Law, 2019.

 

Count 7 -Malicious damage contrary to and punishable under Section 451 of the Criminal Code, Cap.34, Volume 2, Laws of Osun State of Nigeria, 2002. Upon their arraignment, the defendants pleaded not guilty to all the counts charge preferred against them.

 

During the trial, Prosecuting Counsel from the Ministry of Justice, Barrister Dele Akintayo, told the court that between 1st of January 2016, and 31st of December, 2020 at Ayedun Community, Arulogun extension, Ede,Osun State, one Adekunle Emmanuel Beyioku ‘M’ bought two (2) acres of land sometimes in 2011, and he took physical possesion of the land and informed his friend, Aborisade Oluwaseyi that he bought a landed property at Ede and took him (Aborisade) to the landed property.

 

Barrister Dele Akintayo, further stated that Adekunle Emmanuel Beyioku bought the land to build ultra modern estate in the future and he had perfected all the necessary documents such as land sale’s agreement with vendor, Survey plan of that land and Certificate of Occupancy granted by the Governor of Osun State.

 

“Adekunle Emmanuel Beyioku, PW 2 told the court that Aborisade Tope Oluwaseyi was to supervise erection of beacons and corner pieces on the land and to inspect the land on his behalf, and protect it from trespassers and land grabbers when he later travelled outside of Nigeria to Dubai, United Arab Emirates for years.

 

The prosecuting counsel, also informed the court that Adekunle Emmanuel Beyioku got information through his brother that the land he bought had been fruadulently sold by the defendants without his consent and authority upon his visit to the scene of crime.

 

Akintayo, further addressed the court that having visited land by the victim’s brother and his friend when they found out that the two (2) acres of land of Adekunle Emmanuel Beyioku which was purchased by him was fraudulently sold by Aborisade and the buildings are on the foundation level.

They reported the matter to the police on behalf of his friend Adekunle Emmanuel Beyioku, the Police Investigative Officer (IPO) of the case, Sergeant Adetunji Adejare, began investigation on the matter  and visited the location of the land where he found out that corner pieces and beacons erected by the owner had been damaged by the suspects.

 

Prosecuting Counsel called four (4) witnesses and tendered eleven (11) exhibits to proof his case before the Court. The four (4) prosecution witnesses confirmed that Aborisade Tope Oluwaseyi and Omoloye Adetunji (a.k.a woli /Pastor Karonwi ) fraudulently sold the land to unknown buyers without the consent and authority of the owner.

 

The trial judge, Justice Akano, in his judgment held that Prosecuting Counsel has proved his case beyond reasonable doubt against Aborisade Tope Oluwaseyi, and convicted him on six counts, but relieved him on count one, while Omoloye was discharged and acquitted on all the seven (7) counts by the Court.

 

Justice Akano Sentenced Aborisade accordingly;

Count 2 – 7years imprisonment,

Count 3 – 2 years imprisonment,

Count 4- 1 year imprisonment with fine of one million naira,

Count 5 – 7 years imprisonment with one million naira fine and the convict is to return the landed property to the owner,

Count 6 – 5 years imprisonment,

Count 7 – 2 years imprisonment, the sentences are to be served concurrently, while the Court ordered by way of restitution that the landed property should be returned to the owner.

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