Lagos State High Court in Ikeja on Tuesday dismissed the post conviction bail application filed by the convicted dethroned Baale of Shangisha in the Magodo area of the state, Michael Mutiu Ogundare and his brother, Adams Opeyemi Mohammed.
The ruling on the application was delivered by the trial judge, Justice Hakeem Oshodi for lack of merit.
The court held that the applicants did not satisfy the special condition to grant the post conviction bail pending appeal.
He said, “Upon the careful reading of the cases cited on the examine of the bail application pending appeal that there would be delay before the appeal heard. In the court as it rightly noted by the prosecution that this court is not sitting as the appellate court. The challenge is not the guilty of the appellant.”
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.
He cited plethora of decided cases and held that, “The issue of the innocence of the applicant is no longer exist. The issue has been well settled. Unless there are 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.
The duo had filed an application for post conviction bail before the court pending hearing and determination of their appeal at the Court of Appeal.
The applicants, the monarch and his brother were sentence sometime in September, 2022 to 15 years imprisonment for faking his own kidnap.
The convict (the monarch) was first remanded on July 16, 2017, by an Ogba Magistrate’s court, Ikeja, for faking his kidnap.
The Lagos State Government charged Mutiu, his wife, Abolanle, and brother, Mohammed to court.
The defendants were arraigned on three counts bordering on conspiracy, breach of peace and fake kidnapping.
The court had on June 15 discharged and acquitted Abolanle, saying she had no link to the offences.
But, Mutiu’s brother, Mohammed, was sentenced to 15 years imprisonment for the same offence.
The first convict’s counsel, Olarewaju O. Ajanaku, who represented his lawyer, Dr. Muiz Banire, in his allocutus, begged the court to temper justice with mercy.
