The accused used the money to treat his sick daughter
An Abuja Senior Magistrates’ Court on Monday sentenced a 31-year-old houseboy, Abel Timothy, to three months in prison for alleged theft of N35, 000.
The Magistrate, Bashir Alkali, however, gave him an option of N1, 000 fine.
The police prosecutor, David Udeh, told the court that on November 27, one Zainab Mohammed of 3, Tunis Street, Wuse Zone 6, Abuja, same address as the accused, reported him at the Wuse Zone 3 Police Station.
Mr. Udeh said that Ms. Mohammed gave the accused, who was her houseboy, the sum of N115, 000 to pay into her Diamond Bank account, but he converted N35, 000 to his personal use.
Mr. Udeh said that the offence of criminal misappropriation was in contravention of section 309 of the Penal Code.
Mr. Timothy, who pleaded guilty to the offence, asked the court to forgive him.
He promised never to commit such a crime again as he did that due to the condition he found himself.
“My daughter was very sick as at that time and I needed money to use for her treatment and my madam had travelled to Dubai so, I could not ask her for assistance.
“I used the N35, 000 to treat my daughter and I told her to deduct it from my salary but she refused and insisted on taking me to the police station,” Mr. Timothy explained.
On pleading guilty to the offence, Mr. Udeh urged the court to try Mr. Timothy summarily under Section 157(1) of the Criminal Procedure Code, CPC.
He also urged the court to order the convict to refund the N35, 000 to Ms. Mohammed under Section 78 of the Penal Code.
Mr. Alkali said that though the explanation of the convict sounded sympathetic and showed the love between father and daughter, it did not erode the offence of misappropriation.
He said the sentence is to serve as a lesson to him and a deterrent to others.
Mr. Alkali ordered the convict to refund the sum of N35, 000 to Ms. Mohammed.