A 38-year-old, Olaniyi Oni, who allegedly posed as the husband of a petitioner in a divorce case, has on Tuesday been convicted and sentenced to three years imprisonment by a Magistrates’ Court Sitting in Ota, Ogun State, for impersonation.

The charge against the accused reads, “That you, Olaniyi Oni ‘M’ on 4th February, 2020 at about 1000hr at High Court 6, Ota Division in the Ota Magisterial District did impersonate one Omotayo Osayamen Isibor ‘m’ in a matrimonial petition number HTC/475/19 and thereby committed an offence contrary to and punishable under Section 484 of the Criminal Code Laws of Ogun State of Nigeria 2006”.

In the course of the criminal prosecution, the prosecution called two witnesses, PWI, Omolaja Oluwaseun, who is the Registrar of High Court 6. He gave evidence as to how the Accused impersonated the Petitioner in HCT/475/2019 which was pending before Hon Justice Fabamwo and how the Accused stood up as the Petitioner. Several documents were tendered through him.

A Police Officer, Corporal Daniel Peter testified as PW2. He testified that the accused person made it known to him that a Lawyer, Akin Elegbede, called him that he should appear in Court 6 when a matrimonial case will be called. That he has handled several other matters for the said lawyer Akin Elegbede in the past.

In his testimony, the accused person said he is a surveyor with over 12 years experience with HND and knew the Lawyer, Akin Elegbede in the course of his profession. He said he has stood as an attorney for many clients they worked for before different courts.

The Court reviewed the testimonies and evidences before the court and found that the Defendant’s presentation was false and aimed at defrauding the court.

“He testified further that on 4th February, 2020 he got a call from Mr Akin Elegbede to assist him in a Court matter at Otta. He went and when the matter was called Mr Elegbede signaled him to get up.” the court said

He added thus, “It is clear from the forgoing that the Defendant presented himself before High Court 6 Ota on 4th February, 2020 as Omotayo Isibor. He did this by standing up when a case was called by the PW1. He knew this was not his name yet when the High Court Judge asked him in the presence of PW1, he answered that this was his name. It is clear that the presentation of the Defendant was false. It therefore remains to be seen if this presentation was with intent to defraud.”

On the possible reason behind the intended fraud, the Court said, “the intention behind this act was to con the Court into believing that the Petitioner was present in Court on the 4th February, 2020 so that the case would not proceed. This is evidently nothing but an intention to defraud the Court”.

He added that the intention of the Defendant was not only to defraud the Court, but was to also “pervert the course of justice and the Defendant must count himself very fortunate not to have been arraigned on that offence”.

The Chief Magistrate, Mr O.I. Oke, sentenced Oni to three years imprisonment without an option of fine.

Oke said that the prosecution had proven beyond a reasonable doubt that the convict was guilty of the charge preferred against him.