Magistrate rejects guilty plea of an accused
(Nigeria) A Surulere Chief Magistrate Court, Lagos, on
Monday rejected the 'guilty plea' by one Rasak Abdulahi, a bricklayer
charged with stealing.
The prosecutor, Insp Gabriel Ekundayo had alleged that
Abdullahi stole N50,000 given to him to buy cement by one Mr John Egbuta
for a project.
He told the court that the accused took the money and did not return to the project site until six days later when he called Egbuta to inform him that the money was stolen.
The prosecutor said that the offence, committed at No. 30 Chief Natufe St., Surulere, contravened Sections 285 of the Criminal Code, Laws of Lagos State.
The Magistrate, Mrs M.O. Olajuwon, however, faulted the prosecution charges, saying that the facts as presented did not show any evidence of stealing.
She said going by the facts of the case what happened was a breach of contract and not theft.
The magistrate therefore rejected the guilty plea of the accused and adjourned the case to January 20, 2014 for mention.
He told the court that the accused took the money and did not return to the project site until six days later when he called Egbuta to inform him that the money was stolen.
The prosecutor said that the offence, committed at No. 30 Chief Natufe St., Surulere, contravened Sections 285 of the Criminal Code, Laws of Lagos State.
The Magistrate, Mrs M.O. Olajuwon, however, faulted the prosecution charges, saying that the facts as presented did not show any evidence of stealing.
She said going by the facts of the case what happened was a breach of contract and not theft.
The magistrate therefore rejected the guilty plea of the accused and adjourned the case to January 20, 2014 for mention.
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