A Chief Magistrate’s Court sitting in Igbokoda has sentenced the Baale of Ebute Ipare Community in Ilaje local government area of Ondo State, Francis Ogundeji, to three-year imprisonment for disobedience to court order.
The monarch, and one Ikuejamoye Thomas, were dragged before Senior Magistrate E. A Manuwa, for selling land in the community in November 2022, against a subsisting court order.
It was gathered that the State High Court sitting in Okitipupa and a Magistrate’s Court in Igbokoda, had restrained both from selling the land, but the traditional ruler in collaboration with Thomas went ahead and sold the land.
They were both charged with falsehood on their arrest as the traditional ruler backdated the date on the receipt of the sale of the land.
They were brought before the court on four-count charges, including contempt of court and falsehood.
The charge was read over to the defendants in English Language and interpreted to them in Yoruba Language to the satisfaction of the court.
According to the charge sheet, “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 noon 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 (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 (2) Ikuejamoye Thomas ‘M’ a pensioner and other 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 16th 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 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 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 magistrate, Mr E. A Manuwa, found Ogundeji and Thomas guilty of the offence in count three and were sentenced to three-year imprisonment with an option of a fine of N150,000 each.
But, the court discharged and acquitted only 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 pay the sum of N30,000.00 to the purse of the state government as a fine.
“The first defendant Ogundeji Francis 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 only 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, however, ruled that the terms of imprisonment of the first defendant run concurrently in count
