EKITI STATE Judiciary Bulletin

11/09/2024

Supreme Court judgment on local government autonomy

It seems the buzz around the Supreme Court judgment on local government autonomy has quieted down, but the ruling itself remains highly significant. The judgment, delivered in July 2024, affirmed that local governments in Nigeria are entitled to financial and administrative autonomy. This ruling prohibits state governors from dissolving elected local government councils and from controlling funds meant for these councils. The funds must now be paid directly to the local governments from the federation account
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While the decision initially sparked celebrations, including praise from President Tinubu and other key figures, it appears that attention has shifted to other matters. However, the judgment represents a major legal and constitutional step in ensuring that local governments can operate independently, to improve governance at the grassroots level​.

Many have expressed hope that the ruling will lead to more transparency and accountability in local governance, but it remains to be seen how state governments will adjust to these new realities​.

13/10/2022

Court setting section

13/10/2022

08/10/2022

EKITI JUDICIARY BEGINS NEW LEGAL YEAR

Ekiti State Chief Judge, Hon. Justice John Adeyeye will officially flag-off the commencement of Year 2022/2023 new legal year.

According to the release made available to the press, there are various activities laid down to mark the celebration.

There will be special Thanksgiving service at Christ Apostolic Church ( CAC) Ogba Alaafia, Ijigbo, Ado Ekiti on Thursday 13th October, 2022 by 10:00 a.m., at 12:00 noon, the Chief Judge will inspect a Guard of Honour mounted by the Nigerian Police Force at the High Court premises, this shall be followed by a Special Court Session at exactly 12:30 p.m., venue is old High Court 1 Hall, Ado Ekiti.

Reception follows at 2:00 pm at the Chief Judge's Quarters, GRA, Ado Ekiti.

All participants and invited guests are encouraged to be punctual at the various events.

09/08/2022

EKITI JUDICIARY INDUCTS STAFF ON e-affidavit

Ekiti State Judiciary today inducts staff on usage of e-filing of court affidavit.

Declaring the occasion open, Ekiti State Chief Judge, Justice John Adeyeye represented by Justice Lekan Ogunmoye said, this is another giant stride in furtherance of the Chief Judges' administration in taking Ekiti State judiciary to an enviable height by deploying development of technology in all judicial divisions across Ekiti State.

Justice Ogunmoye who is the chairman of Ekiti State Judiciary Committee on ICT said, the committee was set up to fashion out ways in which Ekiti Judiciary will be ICT compliance in line with the global best practices, adding that, manual affidavit with this development is about becoming things of the past in Ekiti. He said, the essence of e-affidavit is the fact that, it can be deposed to anywhere in the world without mixing personalities through e-verification technology, Justice Ogunmoye said, efforts is now on top gear to include e-process of court and e-probate.

Justice Ogunmoye further stated that all these objectives could not be achieved, if members of staff who are major drivers of this innovation are not involved and carried along, he urged them to put every machinery in place to ensure success of the project which he described as gradual process, he concluded.

05/08/2022

SSEMBLY MEMBERS VISIT EKITI CHIEF JUDGE, SEEKS RENOVATION OF COURTS

Ekiti State House of Assembly Committee on Judiciary today pays a working visit to Ekiti State Chief Judge, Hon. Justice John Adeyeye in his office.

Addressing the gathering, Hon. Tajudeen Akingbolu informed the chief judge that Ekiti State House of Assembly committee on Judiciary embarked on an assessment tour to all Judicial Divisions in Ekiti State to access current structures across our courts in Ekiti.

Hon. Akingbolu said, nearly all courts in Ekiti apart from Ado Ekiti are in a very sorry condition, adding that many of the building has dilapidated, some are without furniture while the roofs and ceiling in some of the places visited has been shattered, I wondered how Judges, Magistrates, Lawyers, Litigants and others are coping under such unconducive condition, he said.

Hon. Akingbolu further said, efforts now on top gear to involve host communities in putting these dilapidated structures in good shape, especially Magistrates and customary courts, adding that, after this assessment, their report will be written and submitted at the plenary for debate as soon as possible, there is urgent need to create a viable judiciary while issue of judges vehicle and renovation of courts’ dilapidated structures remain sacrosanct and non negotiable, he concluded.

In his response, Ekiti State Chief Judge, Justice John Adeyeye appreciates the committee members for the visit which he described as timely. He said paucity of fund has been hindering a lot of development in Ekiti State Judiciary, he said, all efforts put in place to bring the situation under control has not yielded the desired result.

He solicited for the House of Assembly's assistance in putting these anomalies under caution.

Justice Adeyeye explained that the host community’s contribution in maintaining these structures are at its lowest ebb, as some of them abandoned the courts for judiciary shortly after securing its establishment.

Justice Adeyeye said, Judiciary has not been able to access its budgetary provisions for capital projects since year, 2012 adding that, Judges vehicles are no more serviceable, as some of it are now of age thereby making it difficult to maintain, he said, all entreaties has been made for its replacement but has not yielded any result, I will continue to do my best at ensuring things are done, the way it should be done, he concluded.

Other dignitaries at the event are; Hon. Femi Akindele, Hon. Ayodeji Ajayi, Clerk of the Committee, Fasoro Ganiyu, Ekiti State Judiciary Chief Ragistrar, Adesoji Adegboye Esq, Executive Secretary Judicial Service Commission, Opeyemi Babatunde Esq among others.

04/08/2022

ATTEMPT TO R**E, GRIEVOUS HARM, MAN BAGS 16 YEARS JAIL WITH CANNING

An Ekiti State High Court has sentenced a 26 year old Ajikawo Oluwatosin to 14 years with canning and two years imprisonment for attempt to r**e and grievous harm.

The defendant was arraigned before Justice Olalekan Olatawura on 16/12/2021 on two count charge of attempt to r**e and grievous harm of one Kolawole Omotola.

The charge reads that the defendant on 13/2/2021 at Ado Ekiti within the jurisdiction of this honorable court did attempt to r**e one Kolawole Omotola, and also caused grievous harm on her.

The offences contravene sections 359 and 335 of the Criminal Code Law, Cap. C16, Laws of Ekiti State, 2012.

In her testimony before the court, the victim said, I was sleeping around 11:00 p.m., I heard a bang at my door, I woke up to know what was happening, the defendant suddenly emerged with a knife, he ordered me to laid down on the bed but I declined, he started hitting my head on the wall and punching me in the face, I was shouting loudly, this attracted attention of my neighbours who came to my rescue after he had overpowered me, he was handed over to the Police while I was taken to the hospital for medical treatment due to knife and bodily injury sustained during the struggle.

To prove his case, the prosecutor, Olasanmi Oluwaseun called two witnesses and tendered statements of the victim, witnesses and defendant as exhibits.

The defendant in his defence through his counsel, Busayo Sule admitted and confessed to have committed the offences, he said ‘’ when I broke to her house, I wanted to have s*x with her because she looked s*xy and beautiful, it was painful for not succeeded in having s*x with her, I overpowered her but was rescued by her neighbours, he concluded.

Delivering his judgment, Justice Olalekan Olatawura said, the defendant is found guilty as charged in both counts.

In considering the appropriate sentence to be passed, I take notice of the fact that s*xual aggravated assaults on female have alarmingly increased within this jurisdiction and it must be nipped in the bud.

The defendant showed no remorse up to this point, he is in my own opinion, not only a clear and present danger but also a threat to women and should not be given any sympathetic consideration, so as to serve as a deterrent to other people or person of his ilk.

The defendant is hereby sentenced to 14 years imprisonment with canning in respect of count one (Attempt to r**e) and 2 years imprisonment in count two (Grievous harm).

The sentences are to run concurrently, the judge ruled.

04/08/2022

NJC FINANCIAL CRIME MONITORING COMMITTEE ZONE (C) VISITS EKITI CHIEF JUDGE

The Corruption and Financial Crime Cases Trial Monitoring Committee (COTRIMCO), led by Oyo State Chief Judge, Hon. Justice Munta Abimbola today pays a visit to Ekiti State Chief Judge, Hon. Justice John Adeyeye in his office.

In his address, Justice Abimbola thanked his Ekiti State counterpart for the warm reception, he said, COTRIMCO was set up by the National Judicial Council, to monitor corruption and financial crime cases pending before all courts across Nigeria, he said, there are perceptions about courts handling the matters,he said, this perception becomes an embarrassment, adding that, in line with the international best practices, the corruption index as published by Transparency International about Nigeria is disturbing, that is why the National Judicial Council mandated the committee to visit all jurisdictions across Nigeria to monitor the trial of financial crime cases by way of interaction, where designated judges and other stakeholders will avail the committee area of assistance, challenges and developments for the purpose of collating same for onward transmission to the National Judicial Council.

Also speaking at the occasion, the committee secretary, Mr. Isaac Onwuka said, getting rid the judiciary of corrupt tendencies, ensure handling of corruption and financial crime cases with dispatch, expedicious disposed off of and proper monitoring of all cases are part of oversight functions of the committee.

He said, the committee was divided into zones A, B and C, to monitor cases in the Federal Capital Territory, all Northern and Southern states of Nigeria, He explained that the committee has designed a template for the designated judges where its requirements are to be filled and kept at the Committees’ secretariat to allow individuals, groups, organization etc who writes to demand for data analysis of corruption and financial crime cases collated or pending before Nigerian courts, he concluded.

In his response, Justice Lekan Ogunmoye, appreciated the committee for jobs well done, he said, six cases filed in years 2018 and 2020 were assigned to him, two of it has been disposed off via judgment and plead bargaining, while four are still pending for hearing, he sited delay tactics by some defence counsels as his major challenge, he described Economic and Financial Crime Commission (EFCC) and Independent Corrupt Practices and other Related Offences Commission (ICPC) counsels as perfect and diligent prosecutors who has been up and doing in handling their cases before him.

Justice Ogunmoye recommended regular attendance of workshops, seminars and conferences for the judges and other stakeholders handling financial crime cases, adding that, in terms of technology and development, criminals strive hard to be ahead of their prosecutors, he concluded.

Justice Munta Abimbola in his vote of thanks appreciate Ekiti State Chief Judge especially Justice Ogunmoye for exhibiting high level of professionalism in handling EFCC and ICPC cases before him, he urged him to be master of his court to avoid unnecessary delay tactics on the part of defence counsels.
Other members of the committee are Dr. Garba Tetengi SAN, Soji Oye Esq., Mr. Isaac Onwuka among others.

02/08/2022

TWO TO DIE BY HANGING FOR CONSPIRACY, ARMED ROBBERY, KIDNAPPING

An Ekiti State High Court in Ado Ekiti has sentenced Makinde Kola and Bika Haruna to death by hanging.

Six count charge bordering on conspiracy, armed robbery, r**e and kidnapping were preferred against the defendants before Justice Olalekan Olatawura on 28th February, 2022.

The charge reads that Makinde Kola (41) and Haruna Bika (30) on 6th of October, 2021 at Idi Mango Camp, Ilasa Ekiti within the jurisdiction of this honourable court did rob Taiwo Lawrence Oni, Mohammed Ayomide of their phones and Adejuwon Gbenga of a sum of N31, 000.00.

On same date and place did kidnap one Adejuwon Daramola and also r**e a 19 year mother of five months old baby.

As at the time of committing these offences you were armed with cutlass and gun contrary to Sections 516, and 401 (2) of the Criminal Code Law, Cap. C16, Laws of Ekiti State, 2012 also Section 2 (2) of the Ekiti State Gender Based Violence (Prohibition) Law, 2019 and Section 3 (a) of the Kidnap and Terrorism (Prohibition) Laws of Ekiti State, 2015.

In their separate statements to the Police, one of the victims said, I was sleeping around 1:00 a.m., I heard a very loud bang at my door, when I woke up, I saw somebody pointing gun at me from the window, he ordered me to open the door and I did, when they enter, my wife and I were beaten with cutlass, they searched everywhere in our room and took away a sum of N31, 000 I collected from a business Centre in the afternoon, thereafter, they took my daughter outside and wanted to r**e her but she resisted them and was shouting profusely, she was ordered to sit with those already captured outside.

Thereafter, Adejuwon Daramola was kidnapped by them and later demanded for N5M ransom.

Another victim, a 19 year mother of 5 months old baby said, I heard one of my neighbours shouting, thief, thief, I was afraid, I carried my baby, before taken any step, they entered our house, they asked of my neighbor, I told them I did not see him, they collected the baby from me, they removed my pant and have s*xual in*******se with me, she concluded.

The defendants were later arrested by the vigilantes in the community, they were recognized and identified by their face and cap forgotten at one of the crime scene.

To prove his case, the prosecutor, Barrister Olasanmi Oluwaseun called seven witnesses and tendered defendants statements and cap as exhibit.

The defendants spoke through their counsels, Iyanu Olumuagun and J.0. Olajide, they called one witness.

In his judgment, Justice Olalekan Olatawura said, from the above proved facts, it can be rightly inferred in my own view and I so do, that there was consensus and common intention between the defendants and other suspects at large to commit unlawful acts to wit; Armed Robbery and Kidnapping.

In conclusion, the lone issue for determination is resolved against the defendants and consequent thereupon, I find the defendants guilty in count 1 (Conspiracy), 2 (Armed Robbery), 3 (Armed Robbery) and 6 (Kidnapping) as charged, they are discharged and acquitted in counts 4 and 5.

Count 1(Conspiracy) the defendants are sentenced to seven years imprisonment, Counts 2&3 (Armed Robbery) the defendants are sentenced to death and be hanged by the neck until they be dead, may God have mercy on your souls, Count 6 (Kidnapping) the defendants are sentenced to Life imprisonment.

The sentences are to come run concurrently, the judge ruled.

13/07/2022

MAN, 49, TO DIE BY HANGING FOR KILLING BROTHER OVER FATHER’S PROPERTY

An Ekiti State High Court in Ado Ekiti has sentenced a forty nine year old Akinola Ademola to death by hanging.

The convict was arraigned before Justice Lekan Ogunmoye in December, 2020 for offences of armed robbery and murder, of his elder brother.

The charge reads, that Akinola Ademola, on 19th of November, 2019 at Usin Ekiti in Ikole Local Government Area of Ekiti State, within the jurisdiction of this honorable court, did robbed one Akinola Tunde of his Bajaj Motorcycle with Registration number ADK 011 VC, at the time of the robbery, you were armed with offensive weapon, to wit; gun.

On same date, time and place did murder the victim, Akinola Tunde.

According to an eye witness, Ogunnusi Anike, who testified before the court said, myself and the deceased were in the farm, going on a foot path, the deceased was riding his Bajaj motorcycle while I was trekking because the foot path was very rough, suddenly, I saw somebody inside bush pointing gun at the deceased, I shouted, "Tunde, Tunde, run, run, somebody is pointing gun at you", then I took to my heels, while running, I heard sound of a gunshot, I later saw a passerby on the road, when I explained what happened to him, he accompanied me back to the scene, on getting there, we met the deceased face down in the pool of his own blood, his motorcycle has been taken away by unknown person.

Another witness testified, that the deceased and his younger brother once had altercation on management of their fathers’ farm properties, during Police investigation, the deceased motorcycle was found in his younger brother’s possession, he had changed the number plate but the discovery was made through the motorcycles’ documents.

According to the prosecution, the offences contravene section 402 (2) and 319(1) of Criminal Code Law, Cap C16, Laws of Ekiti State of Nigeria, 2012.

To prove his case the prosecutor, Barrister Kunle-Shina Adeyemi called four witnesses, he tendered statement of the witnesses, statement of the defendant, two locally made guns, photograph of the defendant posing with the motorcycle, motorcycle particulars, and Medical report, among others as exhibits.

The defendant spoke in his own defense through his counsel Olarewaju Oluwasola and called no witness.

In his judgment, Justice Lekan Ogunmoye said, the ingredients of the offences of armed robbery and murder had been established against the defendant, thus, implying that the charge of armed robbery and murder had been proved beyond reasonable doubt against the defendant.

In all, the prosecution had succeeded in convincing the court to resolve the sole issue for determination in his favor and I so do.

The defendant is accordingly convicted as charged for the offences of armed robbery and murder.

The defendant is sentenced to death by hanging in count one (Armed Robbery) and count two (Murder) until he be dead, may the Lord have mercy on your soul.

06/07/2022

MAN 64 BAGS LIFE IMPRISONMENT FOR RA**NG 85 YEAR OLD STEP MOTHER

An Ekiti State High Court sitting in Ado Ekiti has sentenced one Durodola Kayode Ogundele to life imprisonment for ra**ng an 85 years old step woman.

The convict was arraigned before Justice Monisola Abodunde on one count charge bordering on r**e.

The charge reads that Durodola Kayode Ogundele, on 15th day of June, 2021 at Ayetoro Ekiti in Ido/Osi Local Government Area of Ekiti State, within the jurisdiction of the honorable court, did r**e an eighty five years old woman.

The offence is contrary to section 2 of the Ekiti State Gender Based Violence (Prohibition) Law, 2019.

In her testimony before the court, the victims’ daughter, Opeyemi Bolaji said, I came to give my mother breakfast, on getting to her, I found her in an unsettling physical condition, after finished eating and upon further prompting to find out reason for her restlessness, she told me that the defendant did not allow her to sleep, she said the defendant came to her room around 1:00am, he rubbed a balm all over her body, including her a**s and vigina, massaged her body, sucked her breast and forcefully has s*x with her, she concluded.

When I tried to find out from the defendant, he said, my mother must have been dreaming.

The matter was first reported at Ido Ekiti Police Station before it was transferred to State Criminal Investigation Department of the Nigerian Police Force, Ado Ekiti.

To prove his case, the prosecutor, Barrister Folasade Alli called five witnesses including the Investigating Police Officer and a Medical Doctor, she tendered victims’ statement, defendants’ statement, and medical report from Federal Teaching Hospital, Ido Ekiti among others as exhibits while the defendant spoke in his own defense through his counsel, M.O. Folorunso, he called no witness.

In her judgment, Justice Monisola Abodunde said, I am therefore not in doubt that prosecution has finally established through circumstantial evidence, that is cogent, compelling and most conclusively, that the defendant intentionally and calculatedly penetrated the vigina and a**s of the victim with his p***s after rubbing a dark balm on her body and private part.

On the whole, I find that prosecution have discharged an evidential burden placed on them in law by circumstantial evidence, supported by the totality of the combined evidence of the witnesses, corroborated by the extra judicial statements of the victim made at the earliest opportunity.

The defendant is found guilty as charged for R**e contrary to Section 2 of the Ekiti State Gender Based Violence (Prohibition Law) 2019 and he is convicted, and accordingly sentenced to Life Imprisonment in line with Section 2 (2) of Ekiti State Gender- Based Violence (Prohibition Law) 2019.

04/07/2022

COURT SENTENCES MAN TO TWO YEARS JAIL FOR STEALING, HOUSE BREAKING

Justice Bamidele Omotoso of an Ekiti State High Court with its sitting in Ado Ekiti has sentenced one John Dashe (25) to two years imprisonment without option of fine.

The convict was arraigned before the court in July, 2021 on three count charges, bordering on stealing and house breaking.

The charge reads that Monday Goma (30), John Dashe (25), and Friday Nambol (25) on 9th May, 2021 beside Pastoral Centre, along Ikere Ekiti Road in Ado Ekiti, did conspired to steal 11 bags of rice, 43 tubers of yam, millets and gaari , property of one Musa Olaitan.

The offences according to the prosecutor, contradict sections 516, 390 (5) and 411 of the Criminal Code Law, Cap. C16, Laws of Ekiti State, 2012.

In his testimony before the court, the victim said, his foodstuff shop was burgled by unknown persons, some days after, I received information from my neighbors about my burgled shop, and whereabouts of the culprits, I went to report at Nigeria Security Civil Defence Corps office who later got them arrested.

During their investigation, some of the goods and foodstuff carted away from the shop were recovered from them, he concluded.

To prove his case, the prosecutor, A. O. Bayo Fati called one witness and tendered the defendants’ statements as exhibit.

The defendant spoke through his counsel Adefolaju Ayobiolaja and called no witness.

In his judgment, Justice Bamidele Omotoso said, unfortunately, Friday Nambol who was granted bail by the court because of his poor health condition was reportedly dead, his name was struck out accordingly, while the other defendant, Monday Goma, upon his release on bail, jumped bail and all efforts to locate his whereabouts proved abortive.

The defendant, John Dashe is hereby sentenced to a term of imprisonment of one year for the offence of stealing and for offence of house breaking, he is sentenced to one year imprisonment, sentences are without options of fine.

Both sentences shall run concurrently and take effect from 11th August, 2021.

30/06/2022

*ARMED ROBBER ARRESTS AT THE SCENE BAGS LIFE IMPRISONMENT*

Justice Monisola Abodunde of an Ekiti State High Court, sitting in Ado Ekiti has sentenced a 27 year old Babalola Olatomide to life imprisonment for offences bordering on armed robbery and attempted murder.

The charge reads that Babalola Olatomide on the 23rd of January, 2019 at Falegan Estate, Ado Ekiti in Ado Ekiti Judicial Division, did rob one Ajayi Habeeb Bolakale of his phone and laptop, as at the time of the robbery, he was armed with offensive weapon i.e. double barrel pistol, on same day, place and time, did shot same victim with double barrel pistol.

According to the prosecutor, the offences contravene Section 1 (2)(a) of the Robbery and Fi****ms (special provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004 and Section 320 of the Criminal Code Law, Cap 16, Laws of Ekiti State of Nigeria, 2012.

In his testimony before the court, the victim said, I came to school in Ado Ekiti from Ogun state. I was with my friend, eating in our room around 9:00 pm, suddenly two boys entered our room, they asked us, ‘’ who among you is bearing Tosin?’’ we said none of us is bearing the name, thereafter, they demanded for our phones and laptops, but we refused to give them, one of them now at large picked my phone and laptop, I tried to hold him, in the process, one of them who held a gun shot me in the leg with double barrel pistol, two times, the one who picked my phone and laptop escaped with it but the one who shot me was overpowered and arrested with the gun.

I was rushed to the Ekiti State University Teaching Hospital, Ado Ekiti for medical attention and treatment, he concluded.

To proof his case, the prosecutor, Barrister Julius Ajibare called five witnesses and tendered one locally made double barrel pistol, one axe, and statements of the defendant among others as exhibits.

The defendant spoke in his own defense through his counsel, Christopher Omokhafe, he called no witness.

Delivering his judgment, Justice Monisola Abodunde said, the evidence before me establishes conspiracy between the defendant and his friends now at large and I so hold.

On the whole, I find the defendant guilty of the offence of conspiracy, contrary to Section 516 A of the Criminal Code Cap 16, Laws of Ekiti State of Nigeria, 2012 and he is equally found guilty of attempted murder, contrary to Section 320 Criminal Code Cap 16, Laws of Ekiti State of Nigeria, 2012.

For conspiracy (count 1) he is sentenced to imprisonment of 7 years, for the offence of attempted murder (count 2), he is sentenced to imprisonment for life. Sentences are to run concurrently.

He is discharged and acquitted for the offence of Armed Robbery, contrary to Section 1 (2) of the Robbery and Firearm Act, Cap C ll, Laws of the Federation of Nigeria, 2004.

30/06/2022

*UNLAWFUL DAMAGE, FORCE ENTRY, OTHERS, COURT ADMITS 67 YEAR OLD CHIEF TO BAIL*

An Ekiti State Chief Magistrate Court, sitting in Ado Ekiti has granted bail to a 67 year old Chief Atemoloro Anthony on a four count charge bordering on conspiracy, force entry, unlawful damage and unlawful offer of land for sale.

The charge reads, that you Chief Atemoloro Anthony and others now at large, sometimes in the month of January, 2022 in Ado Ekiti within Ado Ekiti Magisterial District, did conspire with one another to commit an offence, to wit, forcible entry, on same date, time and place in the aforementioned Magisterial District, did forcibly enter the land of a peaceable lawful possession of Omolayo Sunday of Omolayo Standard Printing Press, did unlawfully damaged fence blocks and building valued N2.5M property of Omolayo Sunday of Omolayo Standard Printing Press and also, did offer for sale the property of one Omolayo Sunday of Omolayo Standard Printing Press, knowing fully that you have no lawful title to the property or authority of the owner, to offer same for sale.

According to the prosecutor, the defendant has committed offences contrary to and punishable under sections 421, 65, 329 of the Criminal Laws of Ekiti State, 2021 and section 9 sub-section 1, a, b and c of Anti-land grabbing Laws of Ekiti State, 2019.

The charge was read, explained and interpreted to the defendant, he pleaded not guilty to all the charges.

Counsel to the defendant, Tope Salami prayed court via a bail application to admit his client to bail in a liberal term, he said, we are ready to provide a substantial sureties and will be available on every adjourned dates.

The Police prosecutor, Inspector Bamikole Olasunkanmi did not oppose the bail application but asked for a date for him to assemble his witnesses.

In his ruling Magistrate Michael Faola said, having listened to the prosecutor and counsel to the defendant, bail is granted to the defendant in the sum of N200, 000. 00 and two sureties in the like sum.’’

The case has been adjourned to 8th of July, 2022 for hearing.

28/06/2022

FOUR YEARS BEHIND BAR, COURT ACQUITS, DISCHARGES THREE PERSONS

An Ekiti State High Court in Ado Ekiti has discharged and acquitted three persons Ganiyu Rosak (22) Oluwole Idowu (22 and Ojo Ayomide (20) who was arraigned before Justice Adekunle Adeleye for allegedly committed offence of Armed Robbery and unlawful possession of fi****ms.

According to the charge, the defendants on 5th day of July, 2018 around Ajebamidele area of Ado Ekiti, within the jurisdiction of this honorable court, while armed with offensive weapons did rob one Adedeji Afolabi Akawa of his phone, laptop and cash sum of N90, 000.00.

The offences violate sections 1(2) (a) and 3 (1) of the Robbery and fi****ms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004.

In his statement to the police, the victim said, I was sleeping in my room that day, around 2:00am, I saw the defendants and one other, (now at large) in my room, they ordered me to kneel, they collected my phone, laptop and a sum of N90,000, I wanted to struggle with them because the money is not mine but for the weapons in their hands I could not do so, one of them held a gun, another one a cutlass while two others held knives, he concluded.

To proof his case the prosecutor, Barrister O. Akinlabi intended to call five witnesses but none of them came to court to testify, he thereafter tendered the victim’s and defendants statements as exhibits. The defendants spoke in their own defense through their counsel Paul Ayantoyinbo from Ekiti State Office of the Legal Aid Council, and in their quest to proof their innocence, they called five witnesses.

Delivering his judgment, Justice Adekunle Adeleye said, evidence available before the court does not reveal the ownership, or possession of a gun or cutlass by any of the defendants. On the whole, there is no direct evidence linking the First, second and third defendants to commission of armed robbery on 5th July, 2018.

‘’ For failure on the part of the prosecution to prove beyond reasonable doubt, the ingredients of the offences of armed robbery and unlawful possession of fi****ms preferred against the defendants, the first, second and third defendants are hereby discharged and acquitted.‘’