An Akure Chief Magistrate’s Court has sentenced a woman, Rukayat Temitope Lawal, to one year imprisonment for unlawfully selling a Toyota Sienna belonging to her former lover and employer, Jubril Ogundana, who resides in the United States.
The court also directed the convict to pay N2.8 million compensation to the complainant, representing the value of the vehicle.
Delivering judgment in the case marked MAK/NC/483C/2022, Chief Magistrate Lateef Abu held that the prosecution successfully established that the defendant converted the vehicle to her personal use and later disposed of it without the owner's consent.
The case arose from a dispute between Lawal and Ogundana, who were previously involved in a romantic relationship and business partnership before the complainant relocated abroad in 2018.
The prosecution had arraigned the defendant on charges bordering on conspiracy, forgery and stealing, alleging that she falsely laid claim to ownership of the vehicle valued at N2.8 million and presented documents, including an alleged marriage certificate, in support of her claim.
Prosecuting counsel, Oniyere Taiwo, told the court that the offences were committed in July 2021 at Oluwafemi Quarters, Aule, Akure.
During the trial, Ogundana testified that he imported the Toyota Sienna into Nigeria in 2020 for business purposes and entrusted it to the defendant while he remained in the United States.
He denied being married to Lawal, insisting that she was only his girlfriend and employee.
The prosecution called four witnesses and tendered documentary evidence, including vehicle registration records, police statements and documents obtained from the marriage registry of Ekiti East Local Government Area.
In his judgment, Magistrate Abu ruled that the ownership of the vehicle had been clearly established through registration documents presented before the court, which indicated that the vehicle was registered in the complainant's name.
The court noted that although the defendant claimed she contributed financially to the purchase of the vehicle, the prosecution had proven beyond reasonable doubt that ownership rested with the complainant.
According to the court, the defendant proceeded to sell the vehicle despite disputes and investigations concerning its ownership.
“From the evidence before the court, the prosecution has established that the defendant fraudulently converted the Toyota Sienna belonging to the complainant,” the magistrate held.
The court subsequently convicted Lawal for stealing by a person having an interest in the property under Section 388 of the Criminal Code.
While sentencing the defendant, Magistrate Abu criticised her conduct, noting that she sold the vehicle despite being aware of the ongoing complaints and police investigations initiated by the owner.
He sentenced her to one year imprisonment with an option of N100,000 fine and ordered her to pay N2.8 million as compensation to the complainant.
The magistrate further observed that although the original purchase receipt was not tendered in evidence, ownership of the vehicle had been sufficiently established. He added that prevailing economic conditions and inflation had significantly eroded the value of the amount initially used in assessing the vehicle.
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