Court acquits man, 82, others of kidnapping

By Lukman Olabiyi

Justice Umar Zikki Jubril of  the Kwara State High Court, Ilorin, has discharged and acquitted 82 -year- old,  Olowofela Oyebanji, of alleged criminal offences over kidnapping and murder.

Olowofela and 13 others were arraigned before the court on charges bordering on criminal conspiracy, culpable homicide, kidnapping and giving false information contrary to Sections 97, 221 and 178 of the penal code law and section 1 (Special Prohibition) kidnapping law of Kwara state 2010.

But the defendants pleaded not guilty to the four-count charge and at the close of the prosecution case against them, Olowofela and 12 others filed no case submission which the court upheld .

Specifically, Olowofela, an High Chief in Igbara-Odo, Ekiti state, denied involvement in the criminal allegations, particularly the killing of a traditional ruler, Olukoro of Koro, Oba Aremu Cole, in Ekiti Local Government of Kwara State.

Others docked alongside Olowofela before the court are: Godwin Jacob, Adefolalu Ayodele, Tewasie Francis, Babatunde Samuel, Godwin Joseph, Issac Mumee, Miracle Solomon, Abraham Kehinde, Muhammed Bello, Muhammad Muhammad, Mohammed Dankai and Soliu Muritala.

In discharging and acquitting the defendants Justice Jubril

held that the prosecution was not able to prove a primal facie case against them for the alleged involvement in the criminal act.

while the delivering the ruling, the court held that :”There is clear absence of evidence of an eye witness account as the victims of the kidnapping like Oluwaferanmi Mercy Olowu or Aremu Simon failed to testify in this case.

“The circumstantial evidence available is not sufficient enough to call on the defendants to enter their defence, doing so will be tantamount to asking them to prove their innocence contrary to the provisions of Section 36 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“Regrettably, the offences for which the defendants are alleged of committing are serious offences that have become rampant in our communities today. It is causing monumental and devastating impact on the economic and social lives of every citizen of this country to which concerted efforts from the security agencies, prosecution, the judiciary and the society at large is required to tackle the menace.

“However, in our legal system, no matter the gravity of an allegation or offence a defendant is alleged of committing, if not supported with credible and admissible evidence, the charge or allegation is doomed to fail. The court has no responsibility to manufacture evidence or to pander to any sentiment but to apply the law as it sees it in accordance with the Judicial Oath.

“It is on the strength of the foregoing reasons that I agree with the defendants that they have no case to answer and they are hereby discharged and acquitted of all the four count charge alleged against them forthwith”.

Speaking after the ruling, counsel to the defendant, Dr Solomon Afolabi, expressed joy and satisfaction with the ruling.

He commended the judge for being courageous in ensuring justice was done, amid heightened sentiments and sensitive nature of the case.

“It’s a big gift at the beginning of the new legal year that my client, the 9th defendant who has been standing trial since February 2024, for an offence he knew nothing about eventually got justice.

“It was just unfortunate that he had to go through this because as you heard in the judgement, it was a case of random arrests for many of the defendants in this case,” he said.

Another defense counsel, said the ruling came after the prosecution closed its case against the defendants.

“The prosecution presented evidences and called five witnesses during the case. But after thorough perusal of the evidence before the court, the court found it in its ruling that the prosecution failed woefully to provide a substantial and compelling evidence against all the defendants and in view of this, discharged and acquitted them.

“The trial judge has made a contribution to our criminal jurisprudence, and we appreciate this. We also appreciate the defendants who took their time to work for justice,” he said.