Engr. Sola Akinwumi V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

The appellant, as 3rd accused, was charged together with Arc. Lanre Oladeji (1st accused) and Chief Lere Adebayo (2nd accused) in Charge No. HOS/11C/2004, filed in the High Court of Osun State, Osogbo Judicial Division, holden at Osogbo with the following offences:

“COUNT 1:

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

at various time 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(4) 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. SOLA 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. SOLA 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 OLADEJI “M”
2. CHIEF LERE ADEBAYO “M”
3. ENGR. SOLA AKINWUMI “M”

On or about the same date, 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.

COUNT VI:

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

On or about the same date, time and place in the aforesaid mentioned Judicial Division being agents of Osun State Government (OSSG) corruptly obtained the sum of N85m (eighty-five million Naira) from Arc. Lanre Oladeji as consideration for showing favour in the illegal release of the sum of N126,467,725.85k from the Funds of Osun State Government and thereby committed an offence contrary to and punishable under Section 494 (1) (a) of the CC Cap. 34 II Laws of Osun State, 2003.