Court acquits community leader, secretary of contempt, forgery charges
An Okitipupa High Court has overturned the conviction of the traditional ruler of Ebute-Ipare in Ilaje Local Government Area of Ondo State, Oba Francis Ogundeji, and the community secretary, Mr. Thomas Ikuejamoye, who were previously found guilty of contempt of court and forgery.
Justice A.W. Fabuluje delivered the ruling after hearing an appeal filed by the duo challenging the 2023 decision of a Chief Magistrate Court in Igbokoda, which had found them guilty of disobedience to a court order, contempt, and alleged backdating of a land sale receipt.
The Magistrate Court had convicted the defendants under Section 517 of the Criminal Code Law of Ondo State, accusing them of forging a land receipt belonging to the Ogunowo Descendants of Ebute-Ipare by altering the date from April 16, 2017, to November 2022.
However, their counsel, Mr. Tolu Abisagbo, argued before the High Court that the lower court erred in law by delivering a verdict not supported by evidence, insisting that the prosecution failed to prove the essential elements of contempt and forgery beyond reasonable doubt.
In his ruling, Justice Fabuluje agreed with the appellants, stating that the prosecution did not meet the burden of proof required in criminal cases.
He held that the defendants did not disobey any lawful court order and that there were fundamental defects in the charge sheet upon which the Magistrate Court based its conviction.
Consequently, the High Court discharged and acquitted Oba Ogundeji and Mr. Ikuejamoye of all charges.
