Chief Lere Adebayo V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment)

The appellant herein, Chief Lere Adebayo and two others were public servants in the service of the Osun State Government. Between 1999 and 2003 the appellant was the Commissioner for Finance in the State. Architect Lanre Oladeji was a consultant while Engineer Sola Akinwunmi was the Secretary to the State Government. They were saddled with the responsibility of supervising and managing the Osun State New Governor’s Office (Bola Ige House) Project. Funds towards the execution of the project were released to the consultant. The appellant and Engineer Akinwunmi were alleged to have colluded with Architect Lanre Oladeji to steal the sum of N126, 467,725.85, property of Osun State Government meant for the project, among other offences.

An 8-count information was consequently filed against them on 13/2/04 before the High Court of Osun State sitting at Osogbo. The charges are as follows:

COUNT 1:

1. ARC. LANRE OLADEJI “M”
2. CHIEF LERE ADEBAYO “M”
3. ENGR. SOLA AKINWUMI “M”

at various times between 30th August, 2001 and 2nd May, 2003 at Osogbo in the Osogbo Judicial Division conspired to commit a felony to wit; stealing and thereby committed an offence, contrary to and punishable under S.516(A) of the Criminal Code, Cap, 30 Vol. II, Laws of Osun State of Nigeria, 2003.

COUNT II:

1. ARC. LANRE OLADEJI “M”
2. CHIEF LERE ADEBAYO “M”
3. ENGR. SOULA AKINWUMI “M”

On or about same date, time and place in the aforesaid Judicial Division stole the sum of N126, 467,725.85k (one hundred and twenty-six million, four hundred and sixty-seven thousand, seven hundred and twenty-five Naira, eighty-five Kobo) property of the Osun State Government (OSSG) and thereby committed an offence, contrary to and punishable under Section 390(5) of the Criminal Code, Vol. II Cap. 34 Laws of Osun State of Nigeria, 2003.

COUNT III:

1. CHIEF LERE ADEBAYO “M”
2. ENGR. SOLA AKINWUMI “M”

On or about the same date, time and place in the aforesaid Judicial Division by means of fraudulent device or trick induced one Lanre Oladeji ‘M’ to obtain the sum of N126, 467,725.85k (one hundred and twenty-six million, four hundred and sixty-seven thousand, seven hundred and twenty-five Naira, eighty-five Kobo) property of the Osun State Government (OSSG) and thereby committed an offence, contrary to and punishable under section 421 of the Criminal Code, Cap. 34, Vol. II, Laws of Osun State of Nigeria, 2003.

COUNT IV:

1 CHIEF LERE ADEBAYO “M”

2. ENGR. SOU AKINWUMI “M”

On or about the same date, time and place in the aforesaid Judicial Division under the colour of your employment in the Osun State Government corruptly received from ARC. Lanre Oladeji ‘M’ the sum of N85m (eighty five million Naira) on account of the illegal release of the sum of N126, 467,725.85k (one hundred and twenty-six million, four hundred and sixty-seven thousand, seven hundred and twenty-five Naira, eighty-five Kobo) property of the Osun State Government and thereby committed an offence, contrary to and punishable under S.98 (1) of the Criminal Code, Cap, 34, Vol. II, Laws of Osun State of Nigeria, 2003.

COUNT V:

1. ARC. LANRE OLADEJIÂ Â “M”
2. CHIEF LERE ADEBAYO “M”
3. ENGR. SOLA AKINWUMI “M”

On or about the same data, time and place in the aforesaid Judicial Division received by means of a felony to wit; stealing the sum of N126, 467, 725.85k property of the Osun State Government and thereby committed an offence, contrary to and punishable under S.427 of the Criminal Code, Cap. 34, Vol. II, Laws of Osun State of Nigeria, 2003.