The post-conviction bail plea submitted by Mutiu Ogundare and Opeyemi Mohammed, the deposed traditional ruler (Baale) of Shangisha in the Magodo region, was denied by Justice Hakeem Oshodi of the Lagos State High Court Ikeja.
Their application was denied by the court for lack of merit.
According to the court, the petitioners did not meet the unique requirement for post-conviction bail awaiting appeal.
“As it has been correctly highlighted by the prosecution, this court is not sitting as the appellate court, and upon careful reading of the cases mentioned authority on the assessment of the bail application pending appeal, there would be a delay before the appeal is heard. The judge stated that the appellant’s guilt is not in question.
In addition, Justice Oshodi ruled that if a requester brought up the subject of exercise, the requester had to demonstrate an extraordinary circumstance under which his request may be granted.
The judge observed that the issue of the applicant’s innocence is no longer relevant after citing a large number of settled cases. Conviction has effectively resolved the matter. Unless there is a special circumstance in the case’s later ground.
“There is a claim that false kidnapping is illegal, but the applicant was charged with the felony of false kidnapping.
“The deponent testified that an appeal notice had been submitted, but there was no evidence of this in the form of a receipt or other document. The unusual requirement is not satisfied. “The application is hereby denied,” the speaker declared.
Before the court, Ogundare and Mohammed had requested post-conviction bail awaiting the hearing and resolution of their appeal at the Court of Appeal.
The traditional chief and his brother were given a 15-year prison sentence sometime in September 2022 for staging his kidnapping.
They were charged with three counts that included fake kidnapping, peace violation, and conspiracy.
The wife, Abolanle, was released and declared innocent by the court on June 15 after it determined she had no connection to the crimes.