Justice Hakeem Oshodi of a Lagos State High Court Ikeja has dismissed the post conviction bail application filed by the convicted dethroned traditional ruler (Baale) of Shangisha in the Magodo area, Mutiu Ogundare and his brother, Opeyemi Mohammed.
The court dismissed their application for lack of merit.
The court held that the applicants did not satisfy the special condition to grant the post conviction bail pending appeal.
“Upon the careful reading of the cases cited authorities on the examination of the bail application pending appeal that there would be delay before the appeal heard, and as its rightly noted by the prosecution that this court is not sitting as the appellate court. The challenge is not the guilty of the appellant.”
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Justice Oshodi further held that where an applicant raised the issue of exercise, the applicant must prove the exceptional condition under which his request could be granted.
The judge who cited a plethora of decided cases, noted that the issue of the innocent of the applicant no longer exists. The issue has been well settled during conviction. Unless there is exceptional ground in dealing with the later ground of the case.
“There is a proposition that fake kidnapping is not known to law but the applicant was charged for false kidnapping which is a felony.
“The deponent stated that the notice of appeal was filed, there was no receipt or document to show that the appeal is pending. The exceptional condition has not been met. The application is hereby dismissed.
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Ogundare and Mohammed had filed an application for post conviction bail before the court pending hearing and determination of their appeal at the Court of Appeal
The traditional ruler and his brother were sentenced sometime in September, 2022 to 15 years imprisonment for faking his kidnap.
They were arraigned on three counts bordering on conspiracy, breach of peace and fake kidnapping.
The court had on June 15 discharged and acquitted the wife, Abolanle, saying she had no link to the offences.
