Chief Magistrates’ Court sitting Igbokoda, Ondo State, has handed down a three-year prison sentence to Francis Ogundeji, the Baale of Ebute Ipare Community in Ilaje Local Government Area, for defying a court order.
According to The PUNCH, Senior Magistrate E.A Manuwa delivered the ruling on Monday, though the judgment was only made available to the public on Thursday.
As outlined in the judgment, Ogundeji and an accomplice, Ikuejamoye Thomas, faced charges for selling land in the community in November 2022, in direct violation of an existing court order.
Reports indicated that both the state High Court in Okitipupa and a magistrates’ court in Igbokoda had previously issued restraining orders, prohibiting the sale of the disputed land.
Despite these orders, the traditional ruler, in concert with Thomas, proceeded with the sale of the land, disregarding the court’s authority.
Additionally, the defendants were accused of falsifying documents by backdating the receipt of the land sale.
They were charged with four counts, including contempt of court and falsehood.
During the trial, the charges were presented in English and translated into Yoruba to ensure the court’s full satisfaction.
The charge sheet stated, “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.”
Magistrate Manuwa found both Ogundeji and Thomas guilty on count three, sentencing them to three years in prison, with the option of paying a N150,000 fine each.
However, the court acquitted Thomas on counts one, two, and four.
Magistrate Manuwa declared, “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.”
The court further stipulated that Ogundeji’s prison terms would be served consecutively.
