Court convicts businessman for failure to pay SON’s Service Charge
Justice Yellim Bogoro of a Lagos Federal High Court, on Thursday, convicted and sentenced a businessman, Adedokun Adeyemi, to nine months imprisonment for failure to the the sum of N503, 475, 00, to the Standard Organics of Nigeria (SON) for several services enjoyed.
Justice Bogoro however ordered the convicted businessman to pay a sum of N1.5 million in lieu of the jail-term.
The judge decision on the businessman was based on a plea bargain agreement reached by the parties.
The businessman, was charged before the court by the SON sometimes in 2022 on a four count-charge of forging SON’s receipt and evasion of payment of service charge to the agency to the tune of N503, 475. 00.
However, midway to the trial of the case, the businessman reached out to the prosecution for amicable settlement of the matter, hence both parties reached a plea bargain agreement.
The terms of the plea bargain agreement made pursuant to Section 270 of the Administration of Criminal Justice Act (ACJA) 2015, by the parties as follows: “that the prosecution shall and has amended the charge against the defendant.
“That the defendant shall plead guilty to the offence which he is now charged and will be convicted thereupon.
“That as part of the bargain agreement, the defendant has agreed to pay and has indeed paid a special fine of N1 500,000 (One million, five hundred thousand naira) only, to the Standards Organisation of Nigeria through the Treasury Single Account as compensation for the value of N503,475.00 (Five Hundred and Three thousand, Four hundred and Seventy five naira) which is the amount so evaded. The payment which is hereby acknowledged via the attached SON official receipt. 4. That the defendant undertake to be of good behaviour henceforth and never to indulge in similar nefarious activities.
“That in consideration of the remorsefulness shown by the defendant and his overall conduct throughout the proceedings coupled with his timeous guilty plea, the prosecution hereby propose and recommend to the honourable Court that the defendant be convicted on the sole count and be given a term of 9 months imprisonment from the date of arraignment subject to the overriding discretion of the Honourable Court.”
At the resumed hearing of the charge on Thursday, the prosecutor, Barrister Yusuf Lawan, informed the court of parties plea bargain agreement.
He also told the court that based on the parties’ plea bargain agreement, the prosecution has amended the previous four counts to one count, and urged the court to allow the businessman to take his plea on the amended charge.
Upon the prosecutor’s submission, the plea of the businessman was taken on the amended charge and he pleaded guilty to the charge.
Based on his guilty plea, Justice Bogoro adopted the terms of the plea bargain agreement, and sentenced the businessman to nine months imprisonment. But ordered him to pay special fine of N1.5 million, as agreed by the parties.
The amended charge marked FHC/L/275C/22, against the convict reads: “that you Adedokun Adeyemi, male, adult sometimes between 2019 to 25th March 2022, at Apapa Lagos within the jurisdiction of this honourable court did evade the payment of service charge in 41 different services totaling N503,475.00 (Five Hundred and Three thousand, Four hundred and Seventy five naira) only payable to the Standards Organisation of Nigeria and thereby committed an offence punishable under section 31(1) of the Standards Organisation of Nigeria Act, 2015.”
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