A Magistrate Court sitting in Abeokuta, has discharged and acquitted a daughter of the Ogboye of Egbaland, Chief S.O Akinremi, Mrs. Oluwole Olujoke, of a two charge count of conspiracy to obtain under false pretence and and conversion of a loan of N5m for personal use.
Olujoke, a petrol filling station dealer in Abeokuta, Ogun state capital, had been dragged before the court, in March, 2020, by Gideon Loan and Lending, on the two count charge, after she failed to repay the loan within six months as agreed by both parties.
The defendant had obatined the loan between July and August, 2109, with the agreement to pay 7 percent interest monthly and a full payment of the loan within six months.
But the plaintiff approached the court to file suit against the business woman, when having paid a sum of N2.6m interest, discontinued the loan repayment as agreed in the contractual document signed by the defendant and three guarantors.
Delivering his judgement, on Thursday, in the case with a suit number MA/166c/2030, Commissioner of Police Vs Mrs. Olujoke Oluwole, Magistrate Ayoobolu, said “prima facie” case could not be established by the police prosecutor, Inspector Famuyiwa.
According to him, case of conspiracy to on obtain money under false pretence as well as conversion of the loan for personal use, could not be established against the defendant.
The Magistrate submitted that the court can only see a “contractual issue” between the parties, especially with the C-of-O used as a collateral by the defendant in the possession of the lender, declaring the matter cannot be prosecuted under criminal case.
Ayoobolu, however, “discharged and acquitted” the defendant of all the charges preferred against her, and advised the plaintiff to pursue the matter as a civil case.
The Magistrate equally warned that the case should not be used in the media against the defendant.
Meanwhile, a mild drama ensued at the end of the court proceeding, when the police orderly of the Magistrate asked the journalists present in the court room not to leave, while parties in the case were allowed to exit the court room.
After what appeared as a consultation with the Magistrate, the journalists were, however, granted permission to leave by the orderly.ma
