Mrs. Opeyemi Omolara Bajulaiye V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This Appeal is a fallout of the final Judgment of Hon. Justice A. A. Oyebanji in Charge No.ID/76C/01 of the Lagos High Court, holden at Ikeja Division delivered on the 7th of December 2007, convicting and sentencing the Appellant to 4 (four) years imprisonment with hard labour.

The Appellant, Opeyemi Omolara Bajulaiye was the Manager of the International Department of the Eko International Bank as at year 2000 when the offence was committed. She was charged along with two others for the offences of Conspiracy and Stealing contrary to Sections 515 and 390(5) respectively of the Criminal Code Act. The other accused persons were Suleiman Ajao Jimoh as 1st accused person and Bakare Omololu Adewale as 3rd accused person.

The offences for which they were charged is stated hereunder

“STATEMENT OF OFFENCE – 1ST COUNT”

Conspiracy, contrary to Section 516 of the Criminal Code.

PARTICULARS OF OFFENCE

Suleiman Ajao Jimoh (M), Opeyemi Omolara Bajulaiye (F) and Bakare Omololu Adewale (M) on or about the 21st day of November 2000, at Eko International Bank Plc Ikeja in the Ikeja Division conspired to commit a felony to wit: Stealing.

“STATEMENT OF OFFENCE – 2ND COUNT”

Stealing, contrary to Section 390(6) of the Criminal Code.

PARTICULARS OF OFFENCE

Suleiman Ajao Jimoh (M), Opeyemi Omolara Bajulaiye (F) and Bakare Omololu Adewole (M) on or about the 21st day of November 2000, at Eko International Bank Plc Ikeja in the Ikeja Judicial Division, stole the sum of $210,000 dollars (Two Hundred and Ten Thousand U.S. Dollars) from the Safe of Eko International Bank Plc…”

This charge is reflected at page 2 of the Record of Appeal.

The 1st and 3rd accused persons were discharged and acquitted by the learned trial Judge, of the offences of Conspiring and Stealing – pages 320-321 of the Record of Appeal.