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An Ondo State Chief Magistrates’ Court in Igbokoda has sentenced the Baale of Ebute Ipare Community in Ilaje Local Government Area of the state, Francis Ogundeji, to three years’ imprisonment for disobedience to a court order.
The judgement was delivered on Monday by Senior Magistrate E.A Manuwa, but a copy of the ruling was made available to newsmen on Thursday.
According to the judgement, Ogundeji and one Ikuejamoye Thomas were charged with selling land in the community in November 2022, against a court order.
It was gathered that the state High Court sitting in Okitipupa and a magistrates’ court in Igbokoda had restrained people from selling the land.
However, the traditional ruler, in collaboration with Thomas, defied the court order and sold the land.
The convicts were also charged with falsehood, as they backdated the receipt of the land sale. They faced four counts, including contempt of court and falsehood.
During the proceedings, the charges were read to the defendants in English and interpreted into Yoruba to the satisfaction of the court.
The charge sheet read: “That you, Francis Ogundeji ‘M’, a farmer, and (2) Ikuejamoye Thomas ‘M’, a pensioner, and others at large, on a date in November 2022 at about 12 p.m. at Ebute Ipare Community in the Igbokoda Magisterial District, did conspire together to commit an offence, to wit, contempt of court, and thereby committed an offence contrary to and punishable under Section 517 of the Criminal Code Cap 37 Vol. 1 Laws of Ondo State of Nigeria, 2006.
“That you, Francis Ogundeji ‘M’, a farmer, and (2) Ikuejamoye Thomas ‘M’, a pensioner, and others at large, on the same date, time, and place in the aforementioned Magisterial District, did disrespect the order of the court delivered on the 10th of April 2019 in Suit No: HOK/51/2018 by selling Ebute Ipare Ogunowo descendant land and thereby committed an offence contrary to and punishable under Section 133 (9) of the Criminal Code Cap 37 Vol. 1 Laws of Ondo State of Nigeria, 2006.
“That you, Francis Ogundeji ‘M’, a farmer, and (2) Ikuejamoye Thomas ‘M’, a pensioner, and others at large, on the same date, time, and place in the aforementioned Magisterial District, did forge the land receipt of Ebute Ipare Community Ogunowo descendant land by backdating the receipt of sale to read November 2022 instead of 16th April 2017, knowing it to be false, and thereby committed an offence contrary to and punishable under Section 467 of the Criminal Code Cap 37 Vol. 1 Laws of Ondo State of Nigeria, 2006.
“That you, Francis Ogundeji ‘M’, a farmer, and (2) Ikuejamoye Thomas ‘M’, a pensioner, and others at large, on the same date, time, and place in the aforementioned Magisterial District, did disrespect the court order delivered on the 11th of September 2018 in Suit No: MKD/3M/2018, which was presided over by His Worship E.A Manuwa, Magistrate Grade I at the time, over the tussle of the land committee of Ebute Ipare Community, and thereby committed an offence contrary to and punishable under Section 133 (1 & 9) of the Criminal Code Cap 37 Vol. 1 Laws of Ondo State of Nigeria, 2006.”
The magistrate found Ogundeji and Thomas guilty of the offence in count three and sentenced them to three years imprisonment with an option of a fine of N150,000 each.
However, the court discharged and acquitted Thomas on counts one, two, and four.
The magistrate ruled: “The first defendant, Ogundeji Francis, is hereby sentenced to three months’ imprisonment on count one or to pay the sum of N30,000 to the state government as a fine.
“The first defendant, Ogundeji Francis, is also sentenced to three months’ imprisonment or to pay the sum of N30,000. The second defendant is hereby discharged and acquitted of the offence in count two.
“In count three, both the first and second defendants are sentenced to three years’ imprisonment each or to pay a fine of N150,000 each to the state government.
“The first defendant, Ogundeji Francis, is also sentenced to one month’s imprisonment or to pay the sum of N30,000 to the state government. The second defendant is hereby discharged and acquitted of the offence in count four.”
However, the court ruled that the terms of imprisonment for the first defendant would run consecutively.
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