The Court of Appeal, Lagos Division on Monday, July 22, affirmed the conviction and sentence of the dethroned Baale of Shangisha, Magodo, Mutiu Ogundare for faking his own kidnapping.
The appellate court reduced the convict’s 15-year jail term to 12 years.
Justice Hakeem Oshodi of an Ikeja High had on September 27, 2022, sentenced the convict to 15 years imprisonment for the offence.
Dissatisfied with the judgment Ogundare approached the appellate court to challenge the decision of the lower court that convicted him.
During proceedings yesterday, the state was represented by Jubril Kareem while Kayode Ojo appeared for the appellant.
Delivering judgment, the lead Justice of the three-man panel of the Court of Appeal, Justice Peter Bassi who read the judgment, upheld the judgment of the lower court in counts one and two and upturned count three.
Other Justices of the panel are Justice Bayero and Folashade Ojo, who agreed with the lead justice.
Justice Bassi said that Ogundare’s appeal succeeded 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 sentence would however run concurrently.
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 had 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, had 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.”
Justice Oshodi had then sentenced Ogundare and Mohammed to 10 years imprisonment on count one without an option of fine, one-year imprisonment on count two with an option of N200,000, and 15 years imprisonment on count three without an option of fine.
He said the sentences shall run concurrently from the day they had been arrested.
The kidnap offence was committed on July 5, 2017.
Ogundare in the course of the investigation confessed that he staged his own kidnap, an act which the prosecution said was to blackmail the state government.
He was allegedly abducted by three men along the Centre for Management Development (CMD) Road, Ikosi-Isheri Local Council Development Area.
The Baale was said to have received a phone call from alleged developers, who had indicated an interest in a landed property within his domain.
The callers were said to have 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 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 the alarm the suspected kidnapper pushed the Baale’s brother out of the vehicle and sped off with the Baale.
