Justice
M. Abdulgafar of a Kwara State High Court sitting in Ilorin on Tuesday, June
25, 2019 convicted and sentenced an internet fraudster, Ajayi Temitope Charles
to 35 years in prison without an option of fine.
Charles
was first arraigned by the Economic and Financial Crimes Commission, EFCC, on
March 13, 2019 for engaging in internet fraud.
One
of the five count charges against him reads: “That you, Ajayi Temitope Charles,
popularly known as Teresa Simons on or about the 27th of February, 2019, in
Ilorin within the jurisdiction of this honourable court, with intent to
defraud, had in your possession document, which you knew contained false
pretence, and thereby, committed an offence contrary to Section 6 and 8(b) of
the Advance Fee Fraud and other Fraud Related Offences Act, 2006 and punishable
under Section 1(3) of the same Act.”
He
had pleaded “not guilty” to the charges, prompting the commencement of his
trial.
However,
at the end of the trial, Justice Abdulgafar ruled that the EFCC proved its case
against him, “beyond reasonable doubts”.
The
trial judge held that: “The evidence of PW1, Olamide Sadiq was left
unchallenged by the defendant, all the chats and text messages were printed
from his email address in his presence.
“I
have considered the testimonies of the PW1, this honourable court is of the
opinion that the PW1 is a witness of truth, the Accused Person indeed was in
possession of fake documents, and the prosecution has sufficiently linked the
defendant to the email address.”
Delivering
judgement, Justice Abdulgafar, further rejected as untrue, the testimony of the
convict where he claimed that the Police brought him to the office of the EFCC
on the day of his arrest following his inability to pay the money they
requested for.
“The
story of the defendant being sent to the EFCC because he did not pay bribe to
the police could not hold water, he lied to the court, I do not believe the
evidence of the defendant, and the prosecution has proved this case beyond
reasonable doubt,” the trial judge said.
Thereafter,
Justice Abdulgafar pronounced him guilty as charged.
Before
sentencing, defence counsel, A.B. Bakare, in his allocutus, appealed for mercy,
and urged the court to temper justice with mercy, stressing that his client was
a first-time offender.
Counsel
for the EFCC, Ola Sesan, however, opposed the request and urged the court to
sentence him according to the provisions of the law.
“Going
by the provisions of the Advance Fee Fraud and other Fraud Related Offences
Act, the minimum punishment for this type of offence is seven years and maximum
of 20 years, the court cannot use its discretion outside the same,” he said.
Justice
Abdulgafar, thereafter, sentenced him to seven years in prison on each of the five
counts. The sentence is to run concurrently.
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