An Akure Chief Magistrate’s Court has convicted and sentenced a woman, Rukayat Temitope Lawal, to one year imprisonment for stealing and selling a Toyota Sienna vehicle belonging to her United States-based lover, Jubril Ogundana.
Judgment Details
Delivering judgment in Charge No. MAK/NC/483C/2022, Chief Magistrate Lateef Abu found the defendant guilty of unlawfully converting the vehicle to her personal use and subsequently selling it.
The case stemmed from a dispute between the defendant and the complainant, who had maintained a romantic relationship and business association before the complainant relocated to the United States in 2018.
Prosecution's Case
The prosecution had initially charged Rukayat with conspiracy, forgery and stealing, alleging that she fraudulently claimed ownership of the vehicle valued at N2.8 million and presented documents, including a forged marriage certificate, to support her claim.
According to the prosecutor, Oniyere Taiwo, the alleged offences were committed sometimes in July 2021 at about 11:00am at Oluwafemi Quarters, Aule, Akure.
During the trial, the complainant told the court that he imported the Toyota Sienna into Nigeria in 2020 for use in his business and entrusted it to the defendant while he was abroad. He denied ever marrying the defendant, insisting that she was only his girlfriend and employee.
The prosecution called four witnesses and tendered several exhibits, including vehicle registration documents, police statements, and records obtained from the marriage registry of Ekiti East Local Government.
Court's Findings
In his judgment, Magistrate Abu held that ownership of the vehicle was sufficiently established through the registration documents tendered by the complainant, which showed that the Toyota Sienna was registered in his name.
The court noted that although the defendant challenged the ownership of the vehicle and maintained that she had contributed money towards its purchase, the prosecution succeeded in proving that the vehicle belonged to the complainant.
The magistrate ruled that the defendant fraudulently converted the vehicle and later sold it despite ongoing disputes and investigations surrounding its ownership.
“Flowing from the foregoing, I find the prosecution has established that the defendant fraudulently took or converted the Toyota Sienna property of the Olorunfemi (PW4),” the court held.
The court consequently convicted Rukayat for stealing by a person having an interest in the property under Section 388 of the Criminal Code, having found the offence proved beyond a reasonable doubt.
Sentencing and Compensation
In sentencing, Magistrate Lateef expressed displeasure over the defendant’s conduct, noting that despite the prolonged disputes and police investigations initiated by the complainant, she proceeded to dispose of the vehicle.
“I find it distasteful that the defendant, who had been harassed by PW4 using several police formations, could still proceed to sell the vehicle,” the magistrate stated.
The court sentenced the defendant to one year imprisonment with an option of a N100,000 fine. The magistrate also ordered the defendant to pay N2.8 million compensation to the complainant, representing the value of the stolen vehicle.
While acknowledging that the original purchase receipt of the vehicle was not tendered, the court held that the existence and ownership of the vehicle had been established. The court further observed that, due to inflation and prevailing economic realities, the amount could no longer purchase a used Toyota Sienna from abroad.
