Court jails surety for aiding suspect's escape

A Lagos Magistrates Court sitting in Apapa has sentenced a man, Nwachukwu Oliver to one year imprisonment for aiding the escape of a suspect, Abonu Anslem, who is standing trial for forgery and breach of peace.

The police had charged Nwachukwu before the court in 2019, for allegedly standing as surety for Anslem but failed to produce him on several occasions to answer for his crime.

One of the four count charges against the defendant reads: " That you Nwachukwu Oliver and one other now at large on September 11, 218, at Magistrate Court 10, Apapa in the Apapa Magisterial District, did conspire among yourselves to obstruct, prevent and pervert the course of justice by aiding the escape of one Abonu Anslem, who is standing trial for the offence of conspiracy, conduct likely to cause a breach of peace and forgery in the charge No 1/051/2018 at Magistrate Court 10, Ajegunle Apapa, Lagos and thereby committed an offence punishable under Section 97 (1) of the Criminal Law of Lagos State of Nigeria, 2015."

In the course of a four year trial, the prosecution team led by Inspector Ikhayere called one witness while the defendant testified for himself . 

Delivering judgment in the matter, Magistrate L. Owolabi held that prosecution was able to prove the allegation against the defendant .

In arriving at his final verdict , Magistrate Owolabi held that from the preponderance of the oral and documentary evidence at the disposal of the court, the totality of evidence of the sole prosecution witness was reliable and proved that the defendant aided the escape of Abonu.

"Accordingly I find the defendant guilty. The statute allows for the exercise of discretion by the court in this regard. Also, the category of culpability and severity of the harm caused by the offence is high. There was serious harm or substantial harm caused by the offence committed by the defendant hence there were aggravating factors in the instant case. 

"The defendant connived with Anselm to evade justice. I have viewed with compassion, the allocutus of the defendant. However, this type of nefarious activity needs to be curtailed. I am of the firm view that any punishment devoid of custodial sentencing shall be inappropriate. 

"There is the strong need to send a firm message to the defendant in particular, and society at large in this regard."

The Magistrate subsequently sentenced the defendant to three months imprisonment on each of the four count charges with an option of N5,500 each.