From Francis Adekunle, Ado-Ekiti
An Ekiti State High Court in Ado Ekiti has discharged and acquitted one Babalola Adegoke Oluwaseun (36) for alleged offence of obtaining money by false pretense.
In the charge sheet, Babalola Adegoke on 4th & 16th February, 2021 at Iye Ekiti in Ilejemeje Local Government Area of Ekiti State did obtain and steal the sum of N3.150m from one Isah Mary contrary to Section 419(2) and 390(9) of the Criminal Code Law, Cap. C7, Laws of Ekiti State, 2012.
The victim in her statement admitted that Adegoke was her husband, she said in 2015, she processed and collected her late father’s entitlement that retired as a senior Police Officer and died same year. She said a sum of over five Million naira was paid to her account as his next of kin out of which her husband under false pretense obtained a sum of N3.150m and converted same to his personal use.
The prosecutor, Barrister Kolapo Kolade called two witnesses to proof his case while exhibits tendered include, nominal complainant’s statements of account, minute’s sheets from the Police, cash sales invoice, among others.
The defendants in his testimony before court denied obtaining or stealing any money as alleged by the complainant adding that, he has been taking care of the defendant and their two children even before and after the death of her father, he called three witnesses during his defense.
In his judgment, Justice Lekan Ogunmoye said, “I am unable to hold that the prosecution has proved the charge of obtaining money under false pretense from the claimant.
Justice Ogunmoye, said in all, the sole issue for determination is resolved against the prosecution. I hold that the prosecution had not proved its case against the defendant beyond reasonable doubt. He is discharged and acquitted on both counts. He concluded.
