A Special Offence Court, Ikeja, has sentenced a medical practitioner, Wilfred Fajemisin to two years imprisonment for unlawful possession of a property document.
Trial judge, Oluwatoyin Taiwo sentenced Fajemisin after he was found guilty of the charge brought against him by the Economic and Financial Crimes Commission (EFCC).
The medical doctor was arraigned on a three-count charge on July 8, 2020.The anti-graft agency had alleged that the doctor, obtained the document by false pretense and forgery contrary to section 246, 636(1) of the Criminal Law of Lagos State.
He was alleged to have forged about 15 documents among which is the ‘Deed of Assignment’ of an estate belonging to the late Ashamu.
However, he pleaded not guilty to the charge, which forced the prosecution to commence trial. The lead prosecution counsel, Mr. Samuel Daji called seven witnesses, including a handwriting expert, an EFCC operative, who investigated the case.
Delivering judgment yesterday, Justice Taiwo said the prosecution failed to prove two of the three counts. She, however, found him guilty on the third charge (possession of forged document).
The judge held, “it is the duty of the prosecution to prove the ingredient of the alleged offence against the defendant. There is substantial evidence that the defendant was found in possession of the forged Deed of Assignment.
Justice Taiwo therefore found him guilty of being in possession of forged document and thereafter sentenced Fajeminsin to two years imprisonment.
She, however, gave him an option of N500,000.00 in lieu of the prison term. Earlier, the defence counsel, Mr. Sunday Akunure, pleaded that the defendant, a medical doctor, who has saved many lives, is remorseful and will never go back to being in possession of forged documents.
He urged the court to temper justice with mercy and give him an option of fine. But, the EFCC counsel, Babatunde Sonoiki, who submitted that there was no provision of the option of fine, urged the court to sentence him, according to section 1(3) of the EFCC Act.
After reading the section of law dealing with the offence of obtaining by false pretence, and considering the allocutus, the judge sentenced Fajeminsin to two years with an option of N500,000.00.
