Fake Kidnapping: Appeal Court Upholds Conviction of Lagos Monarch
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.
Ogundare and Mohammed, were convicted on three counts bordering on conspiracy and fake abduction.
The court, however, discharged and acquitted Ogundare’s wife,Abolanle saying that she had no link to the offences.
“I have considered the allocutus of the defence counsel. However, it is in the view of this court that the convicts showed no remorse during the trial,” Oshodi said.
“In fact, the first convict (Ogundare), tried to buy his way out of the court. A lesson has to be thought to serve as a deterrent to others.
“The Ogundare and Mohammed are hereby sentenced to 10 years imprisonment for count one without an option of fine, one year imprisonment on count two with an option of N200,000 and 15 years imprisonment for count three without an option of fine.
“The sentencing shall run concurrently from the day they had been arrested.”
The said kidnap took place on July 5, 2017, but Ogundare later confessed to security services that he staged the kidnap to blackmail the state government.
He was allegedly abducted by three men along the Centre for Management Development Road, Ikosi-Isheri Local Council Development Area.
The Baale was said to have received a phone call from alleged developers, who had indicated interest in a landed property within his domain.
The callers told the Baale where to meet them, prompting Ogundare to drive to the address with one of his brothers, Mohammed.
On arriving at the location, the three men appealed to the Baale and his brother to join them in their White Toyota Venza so that they could go and see the land.
It was stated that on their way, the Baale’s brother noticed one of the men had a gun with him and he raised alarm and the suspected kidnapper pushed the Baale’s brother out of the vehicle and sped off with the Baale.
In the same month, the former governor of Lagos State, Mr. Akinwunmi Ambode, ordered the removal of Ogundare as the Baale of Shangisha.
