Spare Parts Dealer Jailed 9 Months For False Publication
A 56 year-old spare parts dealer, Fredrick Mmegwa, has been convicted and sentenced to a total of nine months imprisonment, for conspiracy, conduct likely to cause breach of peace and false publication, by the Bode-Thomas Chief Magistrate’s Court, Lagos State.
Fredrick, a trader at the United Allied Spare Part Dealer Association section of the Trade fair Complex, Badagry-Expressway, was convicted and sentenced on the three counts charge by Magistrate Phillip Ojo, who pronounced guilty of the charges.
The trader journey to prison commenced sometimes in 2017, when he was arraigned before the court by the office of the Force Criminal Investigation Department ForceCID (Annex) Alagbon-Ikoyi Lagos, in a charge numbered A/197/2017.
ForceCID through it’s prosecutor, Barrister Morufu Animashaun, had told the court that the convict and others said to be at large, on November 17, 2016 at United Allied spare part Dealer Association Trade fair Complex Badagry Expressway at Lagos, conspire among themselves to commit the said illegal acts.
He also informed the court that the convict, specifically made a false publication in the guardian newspaper that: “you are the new executive officers of United Allied spare part Dealer Association”.
Barrister Animashaun told the court that the illegal actions of the convict, contravened sections 409; 411(1) and 57(b) of the Criminal Code Law of Lagos State, 2011. And punishable under the same Law.
During the pendence of case, the prosecution called three witnesses who were; Mr. Simon Uzoegue, the nominal complainant and the dou of Bartholomew Achukwu and Kabiru Salami, a retired Superintendent of Police (SP) who Investigated the matter.
The prosecutor also tendered six documentary exhibits, which were admitted by the court.
Upon the conclusion of the prosecution’s case, the convict instead of opening his defence, elected to file a No Case Submission, which was vehemently contested by the prosecutor.
Ruling on the No Case Submission, Chief Magistrate Ojo, upheld the prosecutor’s submission and dismissed the convict’s No Case Submission.
Dissatisfied with Chief Magistrate Ojo’s ruling on his No Case Submission, the convict appealed to the Lagos State High Court. But his appeal was equally dismissed for lacking in merit, by Justice Ismail Ijelu of a Lagos State High Court.
Following the dismissal of the appeal, the convict returned to the magistrate court to open his defence on the charges.
In defence of the charge, he called five witnesses.
Upon conclusion of the convict’s defence, both parties filed their written addresses.
Delivering judgment in the matter today, Chief Magistrate Ojo, in his decision, held that the prosecution has successfully proved the cases of conspiracy, conduct likely to cause breach of public peace and false publication against the convict.
The Chief Magistrate consequently convict the trader.
However, the convicted traders through his lawyer, while citing plethora of authorities’, pleaded with the court to tamper justice with mercy in sentencing him.
After listening to the convict’s allucutor, Chief Magistrate Ojo sentenced the convict to three months imprisonment in each of the count.
Chief Magistrate Ojo however ordered the convict to perform a community service of two weeks in respect of count one, and to pay the sum of N90, 000, in respect of count three, as options to the jail-term.
