The Court of Appeal sitting in Lagos Division has upheld the conviction of the dethroned Baale of Shangisha in Magodo, Mutiu Ogundare for faking his abduction.
On Sept 27, 2022, Justice Hakeem Oshodi of the Lagos State High in Ikeja, convicted and sentenced Ogundare to 15 years imprisonment.
Dissatisfied with the judgement, Ogundare approached the court of appeal to challenge the decision of the lower court.
Justice Paul Bassi who delivered the lead judgment, on behalf of the three-man panel, upheld the judgment of the lower court in counts one and two but upturned count three.
Justice Bassi held that Ogundare’s appeal succeeded in part and reduced his sentence to 12 years.
The court, however, held that “the appellant is to serve 10 years imprisonment, for count one and two years for counts two, respectively”.
On the third count, the court upturned the sentence in respect of false representation to release a kidnapped person.
Other justices on the panel are Justice Abdullahi Bayero and Justice Folashade Ojo who both agreed with the lead judgment.
The convict, Ogundare was first remanded on July 16, 2017, in Kirikiri Prison, by an Ogba Magistrate’s Court, for allegedly faking his kidnap.
He was prosecuted alongside his wife, Abolanle, and brother, Opeyemi Mohammed.
They were arraigned on a three counts charge bordering on conspiracy, breach of peace, and fake kidnapping, preferred against them by the Lagos State Government.
On June 15, 2022, Justice Oshodi convicted Ogundare and his brother Opeyemi Mohammed, and reserved judgment till September 27, 2022.
The court, however, discharged and acquitted Ogundare’s wife, Abolanle, saying that she had no link to the offences.
Before their conviction, Ogundare’s counsel, Olarewaju Ajanaku, in his allocutus pleaded with the court to temper justice with mercy.
Ajanaku told the court that the convict had turned a new leaf and that he did not think through his actions when he committed the offence.
The second defence counsel, Dr. Olayinka Owoeye, also in his allocutus asked the court to temper justice with mercy adding that the convict (Mohammed), had learnt his lessons.
However, the state prosecution counsel Jubril Kareem, urged the court to apply the provisions of the law in sentencing the convict.
In his judgement, Justice Oshodi said, “I have considered the allocutus of the defence counsel. However, it is the view of this court that the convicts showed no remorse during the trial.
“In fact, the first convict (Ogundare), tried to buy his way out of the court. A lesson has to be taught to serve as a deterrent to others.
“Ogundare and Mohammed are hereby sentenced to 10 years imprisonment for count one without an option of fine, one-year imprisonment on count two with an option of N200,000, and 15 years imprisonment for count three without an option of fine. The sentencing shall run concurrently from the day they had been arrested.”
Ogundare’s kidnap was said to have taken place on July 5, 2017. He was allegedly abducted by three men along the Centre for Management Development (CMD) Road, Ikosi-Isheri Local Council Development Area.
The Baale was said to have received a phone call from alleged developers who had indicated an interest in a landed property within his domain.
The callers told the Baale where to meet them, prompting Ogundare to drive to the address with one of his brothers, Mohammed.
On arriving at the location, the three men appealed to the Baale and his brother to join them in their white Toyota Venza so that they could go and see the land.
It was stated that on their way, the Baale’s brother noticed one of the men had a gun with him and he raised alarm and the suspected kidnapper pushed the Baale’s brother out of the vehicle and sped off with the Baale.
Ogundare would later confess to security services that he staged the kidnap to blackmail the state government.
In the same month, a former governor of Lagos State, Akinwunmi Ambode, ordered the removal of Ogundare as the Baale of Shangisha.
