By Taiwo Erioluwa
An Ekiti State Magistrate Court, Ado Ekiti District has sentenced one Abiodun Falade to three months imprisonment for conduct likely to cause breach of peace.
The 32 years old was arraigned before Magistrate Olatomiwa Daramola on August 19, 2022 on four count charges bordering on conspiracy, unlawful seizure, threat to life and conduct likely to cause breach of the peace.
In his evidence before the court, the complainant, Damilare Ogunbiyi, said, “I gave my Bajaj Motorcycle to one Nurudeen Ozizi on hired purchase. After paying seven months instalment of N15,000, Nurudeen and the motorcycle were nowhere to be found. After searching for some weeks, I found out from the guarantor that my motorcycle was with the defendant, who was said to be using it for commercial purpose.
“Upon enquiry from the defendant, he said Nurudeen obtained a N70,000 loan from him and when he was unable to offset it, he seized the motorcycle from him.
“All efforts to retrieve the motorcycle from him proved abortive. His guarantor offered to pay the loan so that the motorcycle could be released to the owner, but he refused, hence my petition to the police”, he said.
The police prosecutor, Inspector Elijah Adejare, called two witnesses and tendered the petition to the police, original particulars of the motorcycle, statements of the defendant and complainant among others as exhibits.
The defendant, in his defence, through his counsel, pleaded with the court to temper justice with mercy by considering the option of fine.
In his judgment, Magistrate Daramola discharged and acquitted the defendant on the counts of conspiracy, unlawful seizure and threat to life.
The magistrate however, said, “He is found guilty in count 4 (Conduct likely to cause breach of the peace) and therefore convicted accordingly”
“Having listened to the plea of the defence counsel on behalf of the defendant, he is sentenced to three months imprisonment or N10,000 fine in lieu of imprisonment,” Daramola ruled
