The Lagos State Director of Public Prosecution (DPP) has cleared lawyer Olabiyi Enoch Ademola of stealing allegation made against him by one Ademola Akinyemi Louis.
Ademola Akinyemi Louis, a former client to Barrister Olabiyi had petitioned the office of the Assistant Inspector-General of Police The Nigeria Police, FCID Annex, Alagbon Close, Ikoyi, Lagos, alleging that he paid the lawyer the sum of N20 million to pay some of the investors, but the lawyer failed to act as directed, rather kept the money to himself.
In defence, Barrister Olabiyi had refuted the stealing allegation, saying that N20 million paid by the petitioner, was part- payment of his legal fees for the services rendered to him.
Following the above, the police made a request for a legal advice on the matter to the office of the DPP in a letter with reference number CB/3514/X/LEG-ADM/BDPP/VOL.6/62. the petition and response to the DPP for advice on December 8, 2025,
In exonerating the lawyer of the allegation, a legal advice with reference number LJP/MISC/2025/532, issued and signed by Dr. Jide Martins, the State’s Director of Public Prosecution (DPP), on behalf of the Lagos State Attorney General and Commissioner for Justice, reads: “after carefully considering the facts available in the duplicate case file, this Office is of the opinion that the facts are insufficient to establish a prima facie case of Stealing contrary to Section 287 (8) of the Criminal Law Cap. C.17, Vol. 3, Laws of Lagos State 2015 is disclosed against the suspect – Page B1 (Olabiyi Ademola).
“The facts in the case file reveals that the complainant’s company is into agricultural business. The business model involves getting funds from different investors and paying the investors returns on the investment. However, during the covid-19 pandemic, the business had issues leading to different investors arresting him with the Police.
“The facts in the duplicate case file reveal that the complainant engaged the service of the suspect Page B1 (Olabiyi Ademola) to represent him in the different cases with investors.
“The complainant alleged that he paid Page B1 the sum of N20,000,000 (Twenty Million Naira) to pay sum of the investors. He alleged that the Page B1 did not pay the investors and kept the money to himself.
“Section 280 of the Criminal Law 2015 provides that: 280(1) Any person who dishonestly: (a) takes the property of another person; or (b) converts the property of another person for his own use or to the use of any other person, is guilty of the offence of stealing.
“In Wahabi Adejobi & Anor V. The State (2011) LPELR-SC.26/2008 the Supreme stated that the prosecution must prove the following ingredients beyond reasonable doubt: (a) That the thing stolen is capable of being stolen; (b) That the accused has the intention of permanently depriving the owner of the thing stolen; (c) That the accused was dishonest and (d) That the accused had unlawfully appropriated the thing stolen to his own use.
See the cases of Onagoruwa Vs. State (1993)7 NWLR part 303 Pg. 49 @ Pg. 60; Otti Vs. The State (1997) 1 N.W.L.R. part 207 Page 103 at 118 and Muhammed Vs. The State (2000) F.W.L.R. Part 30 Page 2623 at 2626.
“The fact in the case file is insufficient to prove all the ingredients of Stealing against the suspect, Page B1 beyond reasonable doubt. The suspect denied the allegation stated that the money paid to him was only for part of his legal fees.
“There is nothing in the case file to indicate that the money was meant to pay the company’s investors. Rather the facts clearly showed different services rendered to the complainant. It is clear this is a civil dispute as there is no criminal intent on the part of Page B1 from the facts in the case file.
“In light of the above, this office advises non-prosecution the suspect Page B1 (Barr Olabiyi Ademola) for the Offence of Stealing contrary to Section 287 (8) of the Criminal Law Cap. C.17, Vol. 3, Laws of Lagos State 2015 and he should be discharged and released if still in custody.
“Your duplicate case file is hereby retained for record purposes. Extra copies of this Legal Advice and Forms for Information on Legal Representation for the Suspects are attached for service on the Suspects in line with the provisions of Section 74(5) and (6) of the Administration of Criminal Justice Law 2015.”
