Alleged Theft: Court Upholds No-Case Submission Against Police, Frees Five Suspects

A Lagos State Magistrate Court sitting in Isolo, has freed five suspects accused of alleged theft of 26,667 Fragend Motorcycle engines, valued at N1.2 billion, and being property of one Fragend Investment Nig. Ltd.

The suspects are Ifeanyi Ogbogo, Chigozie Abazu, Prince K.E. Unachukwu, Obinna Igwenagwu, and Chukwudi Anikputa.

Magistrate Adeola Adedayo set the suspects free, after upholding the No-Case Submission made by the suspects through their Lawyers, Mssers Pius Sodje and Ifeoma Odibe, for the 1st Defendant and Olanrewaju Ajanaku for the 2nd to 5th Defendants respectively.

The court held that, the Nigeria Police, failed to carryout diligent investigation into the case.

"There is a material contradiction, as to where the engines were stolen from.

"The first witness says from Shapatari, while the person who investigated the theft said Iddo.

"This abinitio raises doubt, as to whether the engines were even stolen or not, as two witnesses from the same party who have had ample time to confer, cannot get their stories in tandem.

"Another issue is that, the serial numbers on the recovered engines were not matched with the serial numbers of the allegedly stolen engines.

"While it was stated it is only the Complainant who imports Frajend engines into Nigeria, PWl said at least 300,000 complete pieces of cycles had been sold from the company, as at the time of the incident.

"Without embarking on a voyage of discovery, it could have been that the engines recovered, were bought from either a direct purchaser or from someone on the line of purchase.

"A further perusal of the statements of the Defendants, show that they all purchased the engines from one another in good faith, in a bid to make a living.

"The Police should have been more diligent, in their investigation. l find that there is no reason for the Defendants to enter into their defence.

"Where a no case submission is upheld, the Defendant must be discharged, and I so hold regarding all the Defendants”, the court ruled.

The Police Prosecutor, Cyril Ajifor from SCID, Panti, Yaba, had alleged that the Defendants had conspired with others now at large, with intent to defraud, did conspire to commit felony to wit: stealing and unlawfully obtaining property.

According to the charge, the accused were alleged to have committed the offence in October 2009 at Ebute Meta Lagos.

But they all pleaded not guilty, to the three count charge of fraud brought against them by the Police.

The offence, according to the Police, is punishable under section 516 of the Criminal Code Cap C 17 and Section 390(9) of the Laws of Lagos State 2003.