An Issele-Uku Magistrate Court, Issele-Uku, Aniocha North Local Government Area of Delta State has sentenced a middle-aged man, Henry Chibuzor two years imprisonment for breaking into the Delta State Government Skill Innovation Center (Leather Industry Factory), Issele-Uku.
He was convicted and sentenced to one-year imprisonment on each of the two counts, with an option of N100,000 each for unlawfully breaking into the center situated along Benin/Onitsha Expressway, Issele-Uku on April 26, 2025.
According to the Prosecutor, Henry broke into the center with intent to commit the felony contrary and punishable under Sections 417 and 509 of the Criminal Code Law, Cap C. 21, Laws of Delta State of Nigeria.
To prove the case, the prosecutor called three witnesses: Alhaji Garuba Abubarka, who is the security guard (PWI); Anene Cyril (PW2), and ASP Festus Akheyan, the Investigating Police Officer (IPO) as PW3.
According to the prosecutor, the security guard apprehended Henry with a knife, plier, screw driver and spanner after he scaled the concrete fence of the center before he invited the police and Issele-Uku vigilantes to arrest him.
He was taken to the Palace before being moved to the police station where he made statements to the police.
On his part, Henry, the defendant, claimed that he was looking for water to drink inside the premises where he was found because he was thirsty.
In his judgement, the trial Chief Magistrate, M.C. Okwuasaba, Esq, raised three fundamental issues for consideration.
There are whether the defendant has the relevant measrea to commit the offence, whether the prosecutor has proven the case against the defendant beyond reasonable doubt by direct eye witness evidence or circumstantial evidence, and whether circumstantial evidence is cogent and credible evidence to sustain the conviction.
After reviewing the case, the Chief Magistrate resolved the evidence against the defendant. He explained that the defendant contradicted his statement with the police and his evidence in court when he claimed that he was looking for water to wash off the stain on his clothes after a motor vehicle splashed water on him as against the earlier claim that he was thirsty and needed water to drink.
The court also agreed that the prosecutor’s evidence is substantially correct and credible and supports the facts of the case that the defendant not only illegally clandestinely trespassed or entered into the factory premises but also criminally accessed the same by scaling the concrete perimeter fence.
The court also added that the circumstantial evidence against the defendant was overwhelming, cogent and credible to sustain a conviction against him in all the counts.
Consequently, the court convicted and sentenced him to one year in prison or pay a fine of N100,000 on count one, and one year in prison or pay a fine of N100,000 on count two.
The court added that if the defendant falls or defaults in paying the fine, the prison terms shall run concurrently.
