An Ikeja High Court is Wednesday dismissed the post conviction bail application filed by the convicted dethroned traditional ruler (Baale) of Shangisha, Mutiu Ogundare and his brother, Opeyemi Mohammed.
According to a report by the News Agency of Nigeria (NAN), Justice Hakeem Oshodi had on September 27, 2022 sentenced the convicts to 15 years imprisonment each for faking his own kidnap.
Mutiu was charged alongside his wife, Abolanle, and brother, Mohammed. They were arraigned on three counts bordering on conspiracy, breach of peace and fake kidnapping. The court had on June 15 discharged and acquitted Abolanle on the basis that she had no link to the offences.
Oshodi, in his ruling on Wednesday, dismissed their application for lacking in merit. He held that the application did not satisfied the special conditions to grant the post conviction bail pending appeal.
According to the judge, where an applicant raised the issue of exercise, the applicant must prove the exceptional condition under which his request could be granted. โUpon 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. The court has 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.
โThe issue of the innocence of the applicant no longer exist. The issue has been well settled unless there are exceptional grounds of dealing with the later ground of the case. There is a proposition that fake kidnapping is not known to law but the applicants were charged for false kidnapping which is a felony.
โThe 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,โ he said.
The convicts had filed an application for post conviction bail before the court pending hearing and determination of their appeal at the Court of Appeal.
(With NAN report)
