Roteh,
You will never be a good lawyer no matter how hard you try. Magistrates follow the law. Most laws in Nigeria are obsolete because instead of the federal and state legislatures to reform the laws and bring them up to date, they are busy fighting for infra-structure of the stomach with the President and the Governors.
The law prescribes the sentence and the option of fine. The Magistrate does not pick it from a hat.
Cheers.
IBK
--"three years imprisonment or to pay an option of fine of N50, 000"?----------------------Help me out, are "Nigerian" judges clueless or just pretend to be?One gives 5 YEARS for $2,187 theft, this is equating N50,000 with 3 years! For damaging over N300,000 property!At first glance, 3 years sounds just about right, until you hear the option.What a deal? At N12,000 A YEAR, will any at-the-top person ever be punished with jail time?---------------------------------
On Friday, October 31, 2014 1:58:39 PM UTC-4, Kola Fabiyi wrote:Landlord gets 3-year jail term for evicting tenant with forceby pmnews
P.M. NEWS Nigeria / 2014-10-31 18:08
An Ado-Ekiti Magistrates’ Court on Friday sentenced a landlord, Iyabo Adakeja, (47), to three years imprisonment for removing a tenant’s roofing sheet without his consent to forcefully cause him to vacate his apartment.
The Magistrate, Taiwo Ajibade, gave the verdict in the judgment.
NAN reports that the Police Prosecutor, Mr David Erima, told the court that the accused committed the offence on March 13, 2013 at about 3:00 p.m. at No 38, Ekute Street, Ado-Ekiti.
On the said date, the accused, unlawfully and forcefully, ejected her tenant, Sunday Agbaje and also threatened his life.
Erima said that consequent upon the removal of the roof, heavy rain poured and damaged Agbeje’s property, including mattresses, camera, fridge, generator, DVD, clothes, television sets and other items, worth over N300, 000.
He said the offence was punishable under Section 401 of the Criminal Code; Cap C 16, Laws of Ekiti State, 2013.
Counsel to the accused, Mr Yemi Adebayo, urged the court to be lenient in the dispensation of justice to his client.
The magistrate, however, sentenced the accused to three years imprisonment or to pay an option of fine of N50, 000.
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