charlsecy:
I am not sure you read the post; or if you did, you failed to understand a few things. Your comment betrayed that!

I am not sure you fully appreciate the type of trouble this Mechanic is in if this happens not to be a Scam. (Assuming his account o what happened is true)


If you did, then my Post which you quoted would make a whole lot of sense to you..


#Go Figure.

MadCow1:




I am not sure you fully appreciate the type of trouble this Mechanic is in if this happens not to be a Scam. (Assuming his account o what happened is true)


If you did, then my Post which you quoted would make a whole lot of sense to you..


#Go Figure.

MadCow actually you are the only one who is thinking out of the box here, I like that. You'v taken time to explain things in line with the law but certain people here just want the truth sugar coated to ease the pain of the OP. They are allowing emotions cloud their sense of judgement.
I would say, I'v learnt something new reading through this thread. That For every person rendering services that would involve the owner leaving his/her property for repairs, such person needs to obtain as much info as possible via a FORM. Although this may sound weird & irritating to some customers but it'll save ones a.s.s from this sorta case we talking about now......Nice One brov, You are dropping it like its hot! No sugar-coating of 'em facts, the Truth will always be bitter. I hope it out turns out favourable for the mechanic at the end of it all.

I go ahead to court with prayers to God. This is nothing,but a clear set-up.
God will vindicate him.

Go ahead to court with prayers to God. This is nothing,but a clear set-up.
God will vindicate him.

is d guy registered wt NATA(Mechanic Association) in his area, if yes, let him report to d ogas in his association and also get a lawyer. If he is not registered, let him be wise and try to record his conversations with those people who accused him and behave as if he does nt know anything, evidence in d court.

izzou:



This madcow sefff.....

Whose responsibility is it to collect 300k?

from his monika you should know who he is
I even spell the monika well

barryjay:
The Case is indeed a pathetic one.

Finally, you can contact us if you require more help with this...jopara@jcamplegalsolutions.com

your digits please .do you do property litigation?

if you feel that it's a set up, write a petition to the Commissioner of Police of the state in question. request to know the following : when and where was the car stolen? was there a report at the nearest police station where the car was stolen?was there any signal from the station to the Police Headquarters? what means and how was it discovered in your workshop?Does the car has a tracker? mehanics used to have log books,did your brother register the car in the log book?
which organisation is operating the trackker? was the policemen from where the car was stolen or the nearest station? if you can get positive and reasonable answers you have a good case at hand. if it's otherwise that then face it squarely.

Chukzyfcb:

MadCow actually you are the only one who is thinking out of the box here, I like that. You'v taken time to explain things in line with the law but certain people here just want the truth sugar coated to ease the pain of the OP. They are allowing emotions cloud their sense of judgement.
I would say, I'v learnt something new reading through this thread. That For every person rendering services that would involve the owner leaving his/her property for repairs, such person needs to obtain as much info as possible via a FORM. Although this may sound weird & irritating to some customers but it'll save ones a.s.s from this sorta case we talking about now......Nice One brov, You are dropping it like its hot! No sugar-coating of 'em facts, the Truth will always be bitter. I hope it out turns out favourable for the mechanic at the end of it all.

the fact is that mechanics and other artisans are expected to have log books where the details of the job and client would be recorded.

MadCow1:
Receiving Stolen Goods is a Criminal Offense under the Laws of the Federal Republic of Nigeria..





#Ignorance is not an excuse under the Law.

It is your responsibility to carry out due diligence on the property before receiving or purchasing it.

what ar u smoking?

also put it in prayer bro

NoRetreat:
the fact is that mechanics and other artisans are expected to have log books where the details of the job and client would be recorded.

I'm just learning that bro.

GOOD EVENING MY DEAR NAIRALANDERS.... THANKS TO ALL YA WHO GAVE A POSITIVE REPLY TO MY POST... I am so grateful... I got all the mentions and everything you guys said...

We took a lawyer today to proceed the case.. before doing that we decided to dial the number of the SELF ACLAIMED OWNER OF THE CAR THAT BROUGHT THE CAR TO THE UNFORTUNATE MECHANIC GUY SHOP.... but his number is switched off until this moment as I type...

The lawyer,, the brothers of the mechanic guy and the POLICE CAME TO A CONCLUSION OF THE PAYMENT OF THE CASH... reasons are:

1)it is a huge crime in the Nigeria law to purchase or collect or keep a stolen property in your custody/possessions.. .. Now we were arguing that he (mechanic guy) wasn't aware that the car was stolen or so... And that the guy is innocent.. .. .. but the lawyer told us that the court will not listen to mere talks.. that they work with evidence...

2)the mechanic guy wasn't able to provide the guy that claimed to have be the owner of the car.. . And we argued again that we can get the guy wherever he is... But on a second thought.. The guy's number was SWITCHED OFF ALL TRHOUGH TODAY... so no link to contact this guy again...

3)the police men even asked the guy if he should set his eyes on the self ACLAIMED owner of the car would he be able to recognise his face? THE MECHANIC GUY SAID NO(it's very hard to recognise him since he has seen him onece)... guys. .. I just weak.... It's just a case of like shooting yourself on the foot(if you know what I mean..) exactly what madcow1 wrote down was what the police guys where saying.. and I was like HOW THE HELL WAS HE SUPPOSED TO KNOW IF THE GUY WAS THE ORIGINAL OWNER...

AND BESIDES.. . HE DINT BUY IT NOR STEAL IT.. he is a repairer and so he was doing his work... But this is it... He is now a VICTIM OF CIRCUMSTANCES... and is very pathetic

The lawyer had to call us aside and said if we should go with moving the case to court... That we might be the one to loose and he might spent years in jail for crime he dint commit which is glaring.. .. But he said "this is Nigeria" and things are not easy the way it seems in the eyes.. .. THIS LAWYER IS A WELL KNOWN AND A LEGITABLE LAWYER IN WARRI... he then beats for the price down to #250,000...

And looking at the condition of the mechanic guy... He can't get a lawyer let alone go to court or start a court case.... it will insure more expenses on him... And he's gonna spend more than he bargained for...

After everything... We decided to drop #230,000.. that was all we could raise... And we told them to do with that... that we have nothing left... we were actually the one running around for this mechanic guy.. .. And there is no much left on him.. . We had to gather what we could gather.. . And we arrived at that price... .

Though.. They are still clamoring for the #300,000.. That #250,000 is for the owner.. And #50,000 for the police to close file oo... .. My people una dey see our country?

Will keep updating you guys on how far we've gone... Thanks to lalasticlala and the mods for pushing this to FRONT PAGE and a HUGE BIG SHOUT OUT TO THOSE THAT TOOK THE TIME TO GO TRHOUGH THE THREAD AND GAVE A NICE REPLY....

am grateful to you all...

Cc: all

Alusioji:
Guy this is the fastest solution. Do you know any army officer anywhere in Nigeria or around benin warri axis.or You can Go to the nearest army barracks report to an army officer or the nearest JTF post. Report this to them. Give them like 20K for fuel and refreshment. They will march down to the dat police station immediately and the guy will be released today today. All they need to do is to claim the guy is his younger brother.

.. thanks for the advice.... But you see.. . This case is a very sensitive case... . It's not a matter of landlord and tenant oo.. .

This is stolen car issue.. .. The case go just blow up

Thanks man

CioAngels:
Get a lawyer, i see this as a setup. If the police is not working for gain here, they know how to get the guy that brought the car to his shop. The network providers will get his details if our policemen are truthful.

.. . This method will take too long... . And they were willing to take the case today to BENIN...

How e for be if we begin dey follow all these network provider protocol?

Thanks for the advice..

MadCow1:
Receiving Stolen Goods is a Criminal Offense under the Laws of the Federal Republic of Nigeria..





#Ignorance is not an excuse under the Law.

It is your responsibility to carry out due diligence on the property before receiving or purchasing it.

please read before you comment. A lot of kids are on this forum.

[quote author=Mbediogu post=45800944][/quote]

Thanks man...

But do you really think the Cort will not work with more evidence than just mere mouth words??

This is Nigeria.... I tire for this country

hardbody:


I did not finish the entire write up but it's wise to get a lawyer. Your friend won't even be charged. Ask me why? His statement will definitely set up an alibi for him. He must state where he was at the date and time that the vehicle was stolen. It will be up to the police to confirm whether or not he was where he claimed to be. Two things will happen. If it's confirmed he was where he claimed at the time of robbery, he will be released. If police does not investigate, he will still be released. If they charge him with receiving stolen goods, an ingredient of that crime is knowledge. A good lawyer can lead evidence to show he had no knowledge of the incident leading up to him taking custody of the car. He will need witnesses who will testify that he is of good character. A lawyer will be helpful. He can apply for a writ of habeas corpus so that his fundamental human rights are not infringed by continued detention. The offence itself is bailable. All the best to your friend.

a big thanks to you for this advice....

I gave this a thought... But the whole issue eh... Nor be as I think say e be.. . I tire..

vynzecent:

since he has been calling the bastard who dropped the car and he's not showing up, when u get a lawyer, the network provider should be able to tell the owner of the line, i believe he registered it. God will fight for you.
The said owner of the car should also provide proof of ownership.

... He has provided the proof of ownership...

This whole issue eh.. na God dey save the poor men on the street...

Mrjo:
what ar u smoking?

Top grade Indian Hemp..

So what?

kingsolo4u:
please read before you comment. A lot of kids are on this forum.

Fhuck you..

If I sounded like a kid to you its because your brain isn't developed enough to understand the intelligence I am speaking.

The OP just wrote a follow up and has said his own lawyer backed up what I said.

So who is the kid now Uncle Adult?

patrickdarlins:
GOOD EVENING MY DEAR NAIRALANDERS.... THANKS TO ALL YA WHO GAVE A POSITIVE REPLY TO MY POST... I am so grateful... I got all the mentions and everything you guys said...

We took a lawyer today to proceed the case.. before doing that we decided to dial the number of the SELF ACLAIMED OWNER OF THE CAR THAT BROUGHT THE CAR TO THE UNFORTUNATE MECHANIC GUY SHOP.... but his number is switched off until this moment as I type...

The lawyer,, the brothers of the mechanic guy and the POLICE CAME TO A CONCLUSION OF THE PAYMENT OF THE CASH... reasons are:

1)it is a huge crime in the Nigeria law to purchase or collect or keep a stolen property in your custody/possessions.. .. Now we were arguing that he (mechanic guy) wasn't aware that the car was stolen or so... And that the guy is innocent.. .. .. but the lawyer told us that the court will not listen to mere talks.. that they work with evidence...

2)the mechanic guy wasn't able to provide the guy that claimed to have be the owner of the car.. . And we argued again that we can get the guy wherever he is... But on a second thought.. The guy's number was SWITCHED OFF ALL TRHOUGH TODAY... so no link to contact this guy again...

3)the police men even asked the guy if he should set his eyes on the self ACLAIMED owner of the car would he be able to recognise his face? THE MECHANIC GUY SAID NO(it's very hard to recognise him since he has seen him onece)... guys. .. I just weak.... It's just a case of like shooting yourself on the foot(if you know what I mean..) exactly what madcow1 wrote down was what the police guys where saying.. and I was like HOW THE HELL WAS HE SUPPOSED TO KNOW IF THE GUY WAS THE ORIGINAL OWNER...

AND BESIDES.. . HE DINT BUY IT NOR STEAL IT.. he is a repairer and so he was doing his work... But this is it... He is now a VICTIM OF CIRCUMSTANCES... and is very pathetic

The lawyer had to call us aside and said if we should go with moving the case to court... That we might be the one to loose and he might spent years in jail for crime he dint commit which is glaring.. .. But he said "this is Nigeria" and things are not easy the way it seems in the eyes.. .. THIS LAWYER IS A WELL KNOWN AND A LEGITABLE LAWYER IN WARRI... he then beats for the price down to #250,000...

And looking at the condition of the mechanic guy... He can't get a lawyer let alone go to court or start a court case.... it will insure more expenses on him... And he's gonna spend more than he bargained for...

After everything... We decided to drop #230,000.. that was all we could raise... And we told them to do with that... that we have nothing left... we were actually the one running around for this mechanic guy.. .. And there is no much left on him.. . We had to gather what we could gather.. . And we arrived at that price... .

Though.. They are still clamoring for the #300,000.. That #250,000 is for the owner.. And #50,000 for the police to close file oo... .. My people una dey see our country?

Will keep updating you guys on how far we've gone... Thanks to lalasticlala and the mods for pushing this to FRONT PAGE and a HUGE BIG SHOUT OUT TO THOSE THAT TOOK THE TIME TO GO TRHOUGH THE THREAD AND GAVE A NICE REPLY....

am grateful to you all...

Cc: all

OP. . I honestly am very sorry for you and your friends experience. It's not pretty and it's really unfortunate but he can learn from this and better protect himself in the future against this type of happening.

Please don't fail to share my advise on due diligence with him. It may annoy his clients but it would protect him against a reoccurrence in the future.

I honestly don't like this whole giving 250'k to the vehicle owner as it sounds very illegal to me and this whole aspect of the case speaks to extortion. I would advise you speak to ANOTHER Lawyer about his side of the case. You may have a case in CIVIL COURT against the Police and the Vehicle owner. I am not sure but you just might. You may still be advised to let sleeping dogs lie, it depends on if giving the Owner money removes his rights to claim theft which i doubt. Although the first case is criminal in nature and criminal cases is between the Government and the defendant, civil cases are purely for damages which the mechanic has indeed suffered as a result of this extortion. I am not too sure of this part to be honest so I advise seeing a lawyer if you are interested in that.. Not a smart desicon to be honest.

My own personal advise is pay them off and bury this case and move on.

Once again, I am truly sorry about your experience.

Due diligence would have given him the necessary indemnity he needed to beat this case.


On Monday, one of my Vehicles would be going into Honda Place for repairs. I will read through it and find the necessary portion and can scan you a copy of the back of the pink slip so you can give to your friend to use as a sample. It contains a legal language that indemnifies him from any and all legal matters associated with the Car not related to the works he would be doing on the vehicle. He should now learn from this experience and better streamline his transactions with clients especially those he is meeting for the first time and know little or nothing about.

Goodluck to you and your friend..

Madcow1. . _{Street Lawyer by association.}

MadCow1:


Cool stuff..

Let's revisit the facts.

He was found in possesion of an allegedly stolen vehicle which he claims was deposited at his garage for repairs by an 'Unknown Client' who is currently at large.

The Onus lies squarely on the Mechanic to prove he was not acting in collusion with the alleged client and that he was truly ignorant of the fact that the vehicle was stolen.

You haven't really thought this through my brother.

His counter claim would be dismissed in a matter of seconds. This is why it is pertinent that before receiving any goods into your custody, you carry out some level of due diligence or make the depositor of such goods indemnify you from all responsibilities pertaining to such goods (including theft, loss and damage).

Thanks..

Madcow1

I am a Sister not brother.
The onus of proof in law is on he who alleges. Since the prosecution is usually the one who alleges, the onus of proof falls on the prosecution. It only moves to the defense once the prosecution has discharged the onus of proof.
Now since the prosecution is alleging that he stole the car or received a stolen car, the onus is on them to prove that he actually stole the car or received the stolen car with the knowledge that it was stolen. When the prosecution fails to prove this fact, the defense can raise a no case submission in which case the action will be struck out.
Now back to the facts of the case: the accused person is a mechanic. It is a well known fact that mechanics in their ordinary course of business, receive cars from customers for repairs without carrying out investigations to find out if the person is actually the owner of the car. This is because they operate on the belief that the driver is the owner or works for the owner of the vehicle. It is logical to conclude that he received the car believing the thief to be the owner.
The police were not diligent in carrying out their duty. After discovering the stolen car, the next thing was to interrogate the man to find out how he came about the car. Then, get the description of the driver from the mechanic, trace the number with the help of the network provider and catch the culprit.
The law presumes an accused person to be innocent. Once the mechanic can provide a solid alibi on the day the car was purported to have been stolen and can prove that he has no notice of the theft and was only doing his job, and his lawyer can prove that mechanics in their ordinary course of business receives vehicles for repair without investigating ownership, the mechanic will be discharged and acquitted of all charges and his counter- claims will be granted. Though he has to lead evidence to prove his counter-claims.

MadCow1:
Receiving Stolen Goods is a Criminal Offense under the Laws of the Federal Republic of Nigeria..





#Ignorance is not an excuse under the Law.

It is your responsibility to carry out due diligence on the property before receiving or purchasing it.

Dis dude has got to be friggin kiddin me. So bros u sayin mechanics should start asking every customers that brings cars to their shops if it's stolen.... So much for being enlightened with the LAW.

patrickdarlins:
GOOD EVENING MY DEAR NAIRALANDERS.... THANKS TO ALL YA WHO GAVE A POSITIVE REPLY TO MY POST... I am so grateful... I got all the mentions and everything you guys said...

We took a lawyer today to proceed the case.. before doing that we decided to dial the number of the SELF ACLAIMED OWNER OF THE CAR THAT BROUGHT THE CAR TO THE UNFORTUNATE MECHANIC GUY SHOP.... but his number is switched off until this moment as I type...

The lawyer,, the brothers of the mechanic guy and the POLICE CAME TO A CONCLUSION OF THE PAYMENT OF THE CASH... reasons are:

1)it is a huge crime in the Nigeria law to purchase or collect or keep a stolen property in your custody/possessions.. .. Now we were arguing that he (mechanic guy) wasn't aware that the car was stolen or so... And that the guy is innocent.. .. .. but the lawyer told us that the court will not listen to mere talks.. that they work with evidence...

2)the mechanic guy wasn't able to provide the guy that claimed to have be the owner of the car.. . And we argued again that we can get the guy wherever he is... But on a second thought.. The guy's number was SWITCHED OFF ALL TRHOUGH TODAY... so no link to contact this guy again...

3)the police men even asked the guy if he should set his eyes on the self ACLAIMED owner of the car would he be able to recognise his face? THE MECHANIC GUY SAID NO(it's very hard to recognise him since he has seen him onece)... guys. .. I just weak.... It's just a case of like shooting yourself on the foot(if you know what I mean..) exactly what madcow1 wrote down was what the police guys where saying.. and I was like HOW THE HELL WAS HE SUPPOSED TO KNOW IF THE GUY WAS THE ORIGINAL OWNER...

AND BESIDES.. . HE DINT BUY IT NOR STEAL IT.. he is a repairer and so he was doing his work... But this is it... He is now a VICTIM OF CIRCUMSTANCES... and is very pathetic

The lawyer had to call us aside and said if we should go with moving the case to court... That we might be the one to loose and he might spent years in jail for crime he dint commit which is glaring.. .. But he said "this is Nigeria" and things are not easy the way it seems in the eyes.. .. THIS LAWYER IS A WELL KNOWN AND A LEGITABLE LAWYER IN WARRI... he then beats for the price down to #250,000...

And looking at the condition of the mechanic guy... He can't get a lawyer let alone go to court or start a court case.... it will insure more expenses on him... And he's gonna spend more than he bargained for...

After everything... We decided to drop #230,000.. that was all we could raise... And we told them to do with that... that we have nothing left... we were actually the one running around for this mechanic guy.. .. And there is no much left on him.. . We had to gather what we could gather.. . And we arrived at that price... .

Though.. They are still clamoring for the #300,000.. That #250,000 is for the owner.. And #50,000 for the police to close file oo... .. My people una dey see our country?

Will keep updating you guys on how far we've gone... Thanks to lalasticlala and the mods for pushing this to FRONT PAGE and a HUGE BIG SHOUT OUT TO THOSE THAT TOOK THE TIME TO GO TRHOUGH THE THREAD AND GAVE A NICE REPLY....

am grateful to you all...

Cc: all

The lawyer u got is a very bad lawyer. I said this because ur friend just indicted himself. By paying that money, it will be seen as an admission of guilt. If ur friend had gotten a good lawyer, the police and car owner would have dropped the case. All the lawyer had to do was speak big grammar and threatened to sue the nigerian police and the car owner for malicious prosecution and infringement on his fundamental human rights, claim like #20, 000000 against them and u will see how the case will be closed immediately. Anyway, from ur write up, the guy is poor and cannot afford the services of a good lawyer. What u guys got is a charge and bail lawyer. No good lawyer will advise you guys to settle because they can use that tomorrow as evidence against ur friend. If those people are evil, now they don't need to carry out investigation or they need to do is lead evidence to the fact that ur friend tried to bribe them, and tender the money as evidence of same. Hope u know giving bribe is a criminal offence?

Unique04:


The lawyer u got is a very bad lawyer. I said this because ur friend just indicted himself. By paying that money, it will be seen as an admission of guilt. If ur friend had gotten a good lawyer, the police and car owner would have dropped the case. All the lawyer had to do was speak big grammar and threatened to sue the nigerian police and the car owner for malicious prosecution and infringement on his fundamental human rights, claim like #20, 000000 against them and u will see how the case will be closed immediately. Anyway, from ur write up, the guy is poor and cannot afford the services of a good lawyer. What u guys got is a charge and bail lawyer. No good lawyer will advise you guys to settle because they can use that tomorrow as evidence against ur friend. If those people are evil, now they don't need to carry out investigation or they need to do is lead evidence to the fact that ur friend tried to bribe them, and tender the money as evidence of same. Hope u know giving bribe is a criminal offence?

If they could afford 300k they could afford the services of a decent lawyer.

This case is very bad my dear. No jokes. You are talking about damages when he has a criminal case to answer.

Like I said, I don't like the aspect of paying the vehicle owner at all, but if this means throwing out the case without prejudice, I will take it as the odds (from where I sit) is stacked against the mechanic.

Unique04:


I am a Sister not brother.
The onus of proof in law is on he who alleges. Since the prosecution is usually the one who alleges, the onus of proof falls on the prosecution. It only moves to the defense once the prosecution has discharged the onus of proof.
Now since the prosecution is alleging that he stole the car or received a stolen car, the onus is on them to prove that he actually stole the car or received the stolen car with the knowledge that it was stolen. When the prosecution fails to prove this fact, the defense can raise a no case submission in which case the action will be struck out.
Now back to the facts of the case: the accused person is a mechanic. It is a well known fact that mechanics in their ordinary course of business, receive cars from customers for repairs without carrying out investigations to find out if the person is actually the owner of the car. This is because they operate on the belief that the driver is the owner or works for the owner of the vehicle. It is logical to conclude that he received the car believing the thief to be the owner.
The police were not diligent in carrying out their duty. After discovering the stolen car, the next thing was to interrogate the man to find out how he came about the car. Then, get the description of the driver from the mechanic, trace the number with the help of the network provider and catch the culprit.
The law presumes an accused person to be innocent. Once the mechanic can provide a solid alibi on the day the car was purported to have been stolen and can prove that he has no notice of the theft and was only doing his job, and his lawyer can prove that mechanics in their ordinary course of business receives vehicles for repair without investigating ownership, the mechanic will be discharged and acquitted of all charges and his counter- claims will be granted. Though he has to lead evidence to prove his counter-claims.

My sincere apologies for referring to you as a bloke and not a dame, another clear case of oversight.. Thankfully it's not criminal in nature.

Now to the case. I thank you for your indulgence, as I do enjoy legal debates alot. I am not a Lawyer by profession by the way, just an Engineer who spent the better part of my childhood between Courts and Chambers. I have also read alot of legal articles and publications too.

Okay.. So let's for the benefit of doubt assume that the Police has done it's due diligence with regards to investigating the claims of the Complainant and has established a case of vehicle theft. I say this because we unfortunately are not privy to that part of the entire story.

Now the Suspect (I can't call him a defendant yet until he is legally charged before a court of law) has been caught red handed with the allegedly stolen property in his possesion. Right there and then on the spot, the Police are well within their rights to arrest the Suspect and bring him up on criminal charges of "Suspicion of Vehicle theft" and "Possesion of stolen property".

Now like you rightly said, due to the nature of the Suspects job, he is at risk of innocently coming into contact with a stolen vehicle but what you also fail to consider is that in the same vein, due to his job, he is also the ideal person to be given a stolen vehicle to either disguise (change the looks and identification tags) or chop down to pieces and fence for parts. This therefore puts him in the entire picture very well as a potential suspect directly or indirectly.

The Suspect claims (emphasis on claims) the vehicle was brought to him by a person who is currently at large. This in and of itself unfortunately does not absolve the Mechanic from his duty of due diligence before accepting a property from anyone. Nothing says he was not in conviavance with the person and nothing proves that the person even brought the car to him in the first place. In fact nothing proves that what he is saying is true at all.

If the case goes to court, the onus lies more with the Suspect to prove how he came about the vehicle. Proving theft is easy, proving being innocently in possesion of a stolen vehicle without strong evidence is tough. Especially when the Suspect according to the OP has admitted that he would not be able to comfortably identify the person who brought him the vehicle.. This casts even more doubt on his claim of innocence.

On providing an alibi for his whereabouts on the day the vehicle was stolen, all that would be able to absolve the Suspect of would be stealing the car, but it does absolutely nothing for him with regards to possesion of the vehicle. It also does nothing to prove his innocence in criminal conspiracy.

You may think this case is an open and shut case in favor of the defendant but I really and strongly disagree with you.

With regards to suing for damages, that's a civil matter. No judge in his right mind would admit a civil case in a matter that may still go to Criminal court.

Again, I do not like the aspect of paying monies to the Complainant/victim. But if his lawyers can get the case dismissed without prejudice, I will advise him to take it. Please this is just my opinion, he can seek alternative legal advise with regards to this.

My final advise at this stage I whatever the outcome is that the Mechanic learns how to protect himself against a recurrence of such and he advises his mates who are in businesses that brings them in contact with other people's properties. Always do your due diligence on every customer and get them to sign an indemnity and waiver of recourse agreement not just against issues like this but also against damages to property, loss and theft. I don't see any harm this can cause anybody. It may be annoying and irritating to the customers, but it will save him from being complicit Incase something like this happens.


Seeking a second legal opinion may also not be a bad idea to be honest.

Thanks again Madam.. I hope this explains my position better.

Madcow1..

patrickdarlins:
Please dear nairalanders.... This is a serious issue that involves the POLICE as I speak/type.. My close pal's BROTHER IS GOING TO JAIL FOR A CAR HE KNOWS NOTHING OF....

he is a mechanic(repairer of cars and all its parts) he is well known by every body in his location and is very good at doing his work and his customers loved him for his sincerity.

On a very good afternoon he was approached by a customer who wants to REPAIR HIS CAR..after all negotiation and bargaining.... He agreed to the price and gave the CAR KEYS to the man(the mechanic)... To test drive the car after everything.... And so he left the mechanic shop.

It wasn't up to 25mins, he was approached by POLICE and another owner of the same car that was dropped at his shop 25mins ago.... And the police men arrested the mechanic Guy saying he is a criminal that he stole the car from the owner in BENIN CITY, that the owner of the car packed the car inside his compound and all of a sudden the car was no where to be found. That they have been looking for the car for almost TWO WEEKS now that they got information from sombody that's how they got to know that the car is packed in his (mechanic guys) shop..

The mechanic guy is in police custody as we speak... And he kept calling the guy that brought the car to his shop and guy kept telling him he is not in town that he will be back in some hours hours time... It has been like that for almost 5days now... The man refuses showing up for his self acclaimed car.

Now they are planning on transferring the case from warri to BENIN tomorrow or next.... But they gave the mechanic guy some conditions if he want the case to be sealed..

The police men and the owner of the stolen car has told the mechanic guy to pay up #300,000 for the case to die down and for the replacement of some properties that are not inside the car at this moment.


Now... We beginingto suspect that this whole thing is a planned work and a SETUP Plan against the mechanic guy... Cos if you look at it very well you would notice that a stolen car from Benin to warri can not be tracked down immediately after the person who stole the car dropped it inside a mechanic shop and all of a sudden the owner of the so called car shows up from no where all the way from Benin? With the police?? How is that possible? I don't understand... It must be a set up...

DDEAR NAIRALANDERS... We planning on hiring a a lawyer and maybe take this issue to the court tomorrow... PLEASE WHAT IS YOUR BEST ADVICE FOR US AT THIS MOMENT? SHOULD WE OR SHOULD WE NOT INVOVETHE LAWYER? what other steps do you think we can take against this case?...

Please mature responses.... Thanks in advance....

.... Please I need urgent replies now.... Abeg ooo


Forgive my typo errors

get a lawyer, but to make your case faster, check for yomi shogunle on facebook or twitter, he is in charge of cases of misconduct by men of the Nigeria police in Nigeria

Provided you are certain that your friend's brother is innocent, there is hope. Though investigation might be done to verify his innocence. Also if you have the police men names and numbers involve in the issue, it could make investigation faster and the place the case is open etc.

Next time, you don't stay silence when things you hardly understands happen, you act within 24-48 hours

if he is innocent, The Lord will fight for him

MadCow1:



My sincere apologies for referring to you as a bloke and not a dame, another clear case of oversight.. Thankfully it's not criminal in nature.

Now to the case. I thank you for your indulgence, as I do enjoy legal debates alot. I am not a Lawyer by profession by the way, just an Engineer who spent the better part of my childhood between Courts and Chambers. I have also read alot of legal articles and publications too.

Okay.. So let's for the benefit of doubt assume that the Police has done it's due diligence with regards to investigating the claims of the Complainant and has established a case of vehicle theft. I say this because we unfortunately are not privy to that part of the entire story.

Now the Suspect (I can't call him a defendant yet until he is legally charged before a court of law) has been caught red handed with the allegedly stolen property in his possesion. Right there and then on the spot, the Police are well within their rights to arrest the Suspect and bring him up on criminal charges of "Suspicion of Vehicle theft" and "Possesion of stolen property".

Now like you rightly said, due to the nature of the Suspects job, he is at risk of innocently coming into contact with a stolen vehicle but what you also fail to consider is that in the same vein, due to his job, he is also the ideal person to be given a stolen vehicle to either disguise (change the looks and identification tags) or chop down to pieces and fence for parts. This therefore puts him in the entire picture very well as a potential suspect directly or indirectly.

The Suspect claims (emphasis on claims) the vehicle was brought to him by a person who is currently at large. This in and of itself unfortunately does not absolve the Mechanic from his duty of due diligence before accepting a property from anyone. Nothing says he was not in conviavance with the person and nothing proves that the person even brought the car to him in the first place. In fact nothing proves that what he is saying is true at all.

If the case goes to court, the onus lies more with the Suspect to prove how he came about the vehicle. Proving theft is easy, proving being innocently in possesion of a stolen vehicle without strong evidence is tough. Especially when the Suspect according to the OP has admitted that he would not be able to comfortably identify the person who brought him the vehicle.. This casts even more doubt on his claim of innocence.

On providing an alibi for his whereabouts on the day the vehicle was stolen, all that would be able to absolve the Suspect of would be stealing the car, but it does absolutely nothing for him with regards to possesion of the vehicle. It also does nothing to prove his innocence in criminal conspiracy.

You may think this case is an open and shut case in favor of the defendant but I really and strongly disagree with you.

With regards to suing for damages, that's a civil matter. No judge in his right mind would admit a civil case in a matter that may still go to Criminal court.

Again, I do not like the aspect of paying monies to the Complainant/victim. But if his lawyers can get the case dismissed without prejudice, I will advise him to take it. Please this is just my opinion, he can seek alternative legal advise with regards to this.

My final advise at this stage I whatever the outcome is that the Mechanic learns how to protect himself against a recurrence of such and he advises his mates who are in businesses that brings them in contact with other people's properties. Always do your due diligence on every customer and get them to sign an indemnity and waiver of recourse agreement not just against issues like this but also against damages to property, loss and theft. I don't see any harm this can cause anybody. It may be annoying and irritating to the customers, but it will save him from being complicit Incase something like this happens.


Seeking a second legal opinion may also not be a bad idea to be honest.

Thanks again Madam.. I hope this explains my position better.

Madcow1..

Bright mind.

MadCow1:



OP. . I honestly am very sorry for you and your friends experience. It's not pretty and it's really unfortunate but he can learn from this and better protect himself in the future against this type of happening.

Please don't fail to share my advise on due diligence with him. It may annoy his clients but it would protect him against a reoccurrence in the future.

I honestly don't like this whole giving 250'k to the vehicle owner as it sounds very illegal to me and this whole aspect of the case speaks to extortion. I would advise you speak to ANOTHER Lawyer about his side of the case. You may have a case in CIVIL COURT against the Police and the Vehicle owner. I am not sure but you just might. You may still be advised to let sleeping dogs lie, it depends on if giving the Owner money removes his rights to claim theft which i doubt. Although the first case is criminal in nature and criminal cases is between the Government and the defendant, civil cases are purely for damages which the mechanic has indeed suffered as a result of this extortion. I am not too sure of this part to be honest so I advise seeing a lawyer if you are interested in that.. Not a smart desicon to be honest.

My own personal advise is pay them off and bury this case and move on.

Once again, I am truly sorry about your experience.

Due diligence would have given him the necessary indemnity he needed to beat this case.


On Monday, one of my Vehicles would be going into Honda Place for repairs. I will read through it and find the necessary portion and can scan you a copy of the back of the pink slip so you can give to your friend to use as a sample. It contains a legal language that indemnifies him from any and all legal matters associated with the Car not related to the works he would be doing on the vehicle. He should now learn from this experience and better streamline his transactions with clients especially those he is meeting for the first time and know little or nothing about.

Goodluck to you and your friend..

Madcow1. . _{Street Lawyer by association.}

.. Thanks man...

That's very intelligent of you.. .

How I wish we can take up this case.. .. But where the money dey?... I just can't spend my hard earned money on the case again... It's 50/50....if we should go to the court... my brother... . Have spent my best on this case just for him... He has nothing and I just did my best by burning my cash and even bringing it to you guys here...

I just want the case to be buried and cemented for life.. . The stress is too much jor..

Thanks once again.. .

Unique04:


The lawyer u got is a very bad lawyer. I said this because ur friend just indicted himself. By paying that money, it will be seen as an admission of guilt. If ur friend had gotten a good lawyer, the police and car owner would have dropped the case. All the lawyer had to do was speak big grammar and threatened to sue the nigerian police and the car owner for malicious prosecution and infringement on his fundamental human rights, claim like #20, 000000 against them and u will see how the case will be closed immediately. Anyway, from ur write up, the guy is poor and cannot afford the services of a good lawyer. What u guys got is a charge and bail lawyer. No good lawyer will advise you guys to settle because they can use that tomorrow as evidence against ur friend. If those people are evil, now they don't need to carry out investigation or they need to do is lead evidence to the fact that ur friend tried to bribe them, and tender the money as evidence of same. Hope u know giving bribe is a criminal offence?

Thanks my brother....

But wetin man go do?.. .. the guy has no money na... And the best the lawyer can do is to beat the price down... and move on with things.


For a second... I thought that was the best decision... Considering the financial standing of this guy(the mechanic) and the evidences against him? Mehn.. .. It's not what you should toil with... . Believe me... Even when it's crystal clear he wasn't the one... Mtcheeewwww


Nigeria I tire for you!!