Justice Oluwatoyin Taiwo of a Special Offenses Court, Ikeja has convicted and sentenced a medical practitioner, Wilfred Fajemisin to two years imprisonment over unlawful possession of a property document.
The judge gave the verdict after declaring Dr. Fajemisin guilty as charge over the charges levelled against him by the Economic and Financial Crimes Commission (EFCC).
The medical doctor was arraigned on a three-count charge on July 8, 2020, over conspiracy, obtaining by false pretense and forgery contrary to section 246, 636(1) of the Criminal Law of Lagos State.
He was alleged to have forged about 15 documents among it, is the ‘Deed of Assignment’ of estate belonging to late Ashamu.
However, he pleaded not guilty to the charge, which makes the prosecution to commence trial.
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The lead prosecution counsel, Mr. Samuel Daji called 7 witnesses including handwriting expert, EFCC operative that investigated the case.
Delivering judgement, Justice Taiwo said the prosecution failed to prove two of the three charges, however, she found him guilty on the third charge (possession of forged document).
The judge held that, “it is the duty of the prosecution to prove the ingredient of the alleged offence against the defendant. There is a substantial evidence that the defendant was found in the possession of the forged Deed of Assignment.
“The prosecution failed to call Stanley Agwu. The prosecution was unable to prove Jide Adekunle who was alleged prepare the Deed of Assignment. And has alleged to have paraded himself as a lawyer in Bamigbose’s office.
” It is clear to the court that Jide Adekunle had denied having transaction with the defendant.. it is the defendant that was found in the possession of the Deed of Assignment.
“In conclusion, I found that circumstantial evidence was proved against the defendant. The defendant was charge for intent to defraud, have in possession, the forged document.”
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Justice Taiwo therefore found him guilty of being in possession of forged document and thereafter sentenced Fajeminsin to two years imprisonment.
She however gave him option of N500,000.00 in lieu of the prison term.
Earlier, the defendant counsel, Mr. Sunday Akunure pleaded that defendant is a medical doctor who have safe many lives. ” He is remorseful and never go back to be in possession of forged document. I pray the court to temper justice with mercy and give him an option of fine.
EFCC counsel, Babatunde Sonoiki urged the court to sentence him according to section 1(3) of the EFCC Act. He submitted that there was no provision of option of fine.
The judge therefore said she has carefully considered the allocutus and read the section of law dealing with the offence of obtaining by false pretence, and subsequently sentenced Fajeminsin to two years with option of N500,000.00.
