Six Family Members Jailed for Assault in Kwara

A Kwara State Magistrate Court sentenced six members of a family to jail on Thursday for assault, intimidation, and theft of property belonging to Mr. Ajayi Oluwafemi, the husband of their daughter, Mrs. Temitope Oluwafemi.

Presided over by Mrs. Kudirat Yahaya, the court convicted the family members, including a father, his wife, and four children, each to six months of imprisonment, with an option to pay a fine of N125,000 in lieu of serving the sentence.

The family—Mr. Adedokun Paul, his wife, and their five children—faced five counts of criminal conspiracy, intimidation, housebreaking, theft, and mischief, and were found guilty of all charges.

According to the prosecution, the offenses were contrary to and punishable under Sections 96, 396, and 322 of the Penal Code Law of Nigeria.

The convicts were prosecuted following a direct complaint from the office of Sulyman Abaya & Co, Rahman Chambers in Ilorin, on behalf of their client, Ajayi Oluwafemi, a trader at Oja Tuntun, Baboko Market, and son-in-law to the Adedokun family.

Ajayi, through a Police First Information Report, accused his in-laws of invading his home, stealing cash, and taking some of his property amid a strained relationship with his wife.

The First Information Report stated that on June 12, 2024, the seven family members conspired to invade Ajayi’s house, attacked him, and stole N1.2 million, a plasma television, an electric kettle, and a rechargeable lamp under the pretense of helping their sister, Temitope Oluwafemi, pack her belongings.

During the trial, Ajayi informed the court that he had previously yielded to pressures from elders in Ogbomoso and police from various divisions where he reported the attacks, attempting to resolve the matter amicably within the family.

He testified that the convicts had launched multiple attacks against him, even hiring thugs to assault him, during one incident taking him into a bush before he was rescued.

In convicting the culprits, the trial magistrate, Yahaya, found all family members guilty of the five offenses, stating, “Their actions are capable of causing chaos in society and should not be encouraged.”

The magistrate noted that “no prosecution witness was discredited” during cross-examination, emphasizing that their evidence remained “unchallenged and unshaken.”

She explained that in criminal cases, while counsel’s arguments may guide the court, they cannot replace the evidence presented.

Citing various authorities, the presiding magistrate highlighted three key considerations in determining criminal cases: “self-admission, oral evidence, and circumstantial evidence.”

In delivering the sentences, the magistrate stated that the offense of criminal conspiracy under Section 96 carries a penalty of six months’ imprisonment, or a fine, or both. She noted that the offense of intimidation under the Penal Code Law carries a penalty of two years’ imprisonment, with an option for a fine, or both.

For housebreaking, according to Section 346, the penalty is one year of imprisonment, or a fine, or both. Theft carries a penalty of five years’ imprisonment, with the option of a fine, or both, while mischief, under Section 326 of the Penal Code, carries a penalty of two years’ imprisonment, with an option for a fine, or both.

She fined all six defendants a total of N125,000, which amounts to N25,000 each, along with six months of imprisonment in default of the fine payment. The sentences are to run concurrently.

However, the court discharged and acquitted the seventh defendant in the case due to being a minor at the time he gave evidence.