The Court of Appeal Lagos Division yesterday affirmed the judgement of Justice Hakeem Oshodi of the Lagos State High, which sentenced the dethroned Baale of Shangisha in Magodo, Mutiu Ogundare to 15 years imprisonment for faking his own abduction.
The appellate court, however, reduced the sentence from 15 years to 12 years imprisonment.
Justice Oshodi had sentenced Ogundare following his conviction on a two-count bordering on breach of peace and fake kidnapping.
The ex-Baale’s brother, Opeyemi Mohammed, was also handed the same prison term.
Dissatisfied with the judgment, the former traditional ruler (Ogundare) approached the court to challenge the decision of the lower court and urged the court to allow his appeal and set aside his conviction.
However, when the case was called yesterday, Mr Jubril Kareem, announced his appearance for the Respondent, while Mr Kayode Ojo appeared for the appellant.
Delivering judgment, Justice Peter Bassi, who read the lead judgment, upheld the judgment of the lower court in counts one and two, but set aside count three.
Other members of the panel, Justice Abdullahi Bayero and Folashade Ojo, aligned themselves with the lead judgement.
Justice Bassi in his judgement held that Ogundare’s appeal succeeds in part and reduced his sentence to 12 years.
The court, however, held,” The Appellant is to serve 10 years imprisonment, for count one and two years for counts two, respectively.”.
On the third count, the court upturned the sentence in respect of false representation to release a kidnapped person.
The convict was first remanded on July 16, 2017, in Kirikiri Prison, by an Ogba Magistrate’s Court, for allegedly faking his own kidnap.
Ogundare was prosecuted alongside his wife, Abolanle and brother, Opeyemi Mohammed.
They were arraigned on three counts bordering on conspiracy, breach of peace and fake kidnapping, preferred against them by the Lagos State government.
Justice Oshodi, on June 15, 2022, convicted Ogundare and his brother Opeyemi Mohammed and reserved judgment till September 27, 2022.
Before their conviction, Ogundare’s counsel Olarewaju Ajanaku, in his allocutus pleaded with the court to temper justice with mercy.
Ajanaku told the court that the convict had turned a new leaf and that he did not think through his actions when he committed the offence.
The second defence counsel, Dr. Olayinka Owoeye, also in his allocutus prayed the court to temper justice with mercy adding that the convict (Mohammed),had learnt his lessons.
However, the state prosecution counsel Jubril Kareem, urged the court to apply the provisions of law to sentence the convict.
Kareem said Ogundare put himself forward to be kidnapped for the purpose of causing the breach of public peace, adding that his brother and wife aided him in the crime.
