An Ondo State Chief Magistrates Court in Igbokoda, in Ilaje Local Government Area, has sentenced the Baale of Ebute Ipare Community, Francis Ogundeji, to three years imprisonment for disobedience of court order.
The copy of the judgement dated 5 August was delivered by Senior Magistrate E. Manuwa and made public on Thursday.
According to the judgement, Mr Ogundeji and Ikuejamoye Thomas were charged to court for 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, Igbokoda, had restrained people from selling the land, but the traditional ruler, in collaboration with Mr Thomas, went ahead and sold the land.
The convicts were also arrested and charged with falsehood as they backdated the date on the receipt of the sale of the land.
They were charged on a four-count charge of contempt of court and falsehood.
At the proceeding, the charge was read over to the defendants in English Language and interpreted to them in Yoruba Language to the satisfaction of the court.
“That you, Francis Ogundeji, ‘M’, a farmer (2) Ikuejamoye Thomas, ‘M,’ a pensioner and others at large, sometime in the month of 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,” the charge sheet read.
“That you, Francis Ogundeji, ‘M’, a farmer (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 10 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 (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 sales to read month of November 2022 instead of 16 April 2017, knowing same 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 (2) Ikuejamoye Thomas, ‘M’, a pensioner and other at large on the same date, time and place in the aforementioned Magisterial District did disrespect the court order delivered on the 11 September 2018 in Suit No: MKD/3M/2018 which was presided by His Worship E.A Manuwa Magistrate Grade I as then was on the rank, over the tussle of 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 charge sheet further read.
The magistrate, Mr Manuwa, found Messrs Ogundeji and Thomas guilty of the offence in count three and they were sentenced to three years imprisonment with the option of a fine of N150,000 each. But the court discharged and acquitted Mr Thomas on counts one, two and four.
The magistrate resolved that, “The first defendant, Ogundeji Francis, is hereby sentenced to three months imprisonment on count one or pay the sum of N30,000.00 to the purse of the state government as fine.
“The first defendant Ogundeji Francis is also sentenced to three months imprisonment or pay the sum of N30,000.00. 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 pay a fine of N150,000.00 each to the purse of the state government.
“The first defendant Ogundeji Francis is also sentenced to three months imprisonment or pay the sum of N30,000.00 to the purse of the state government. The second defendant is hereby discharged and acquitted of the offence in count four.”
The court also held that the terms of imprisonment of the first defendant run consecutively in count.
