The Lagos Division of the Court of Appeal on Monday upheld the conviction of the deposed Baale of the Shangisha area of the state, Chief Mutiu Ogundare, who staged his kidnap.
The embattled sacked monarch was sentenced to 15 years imprisonment by Justice Hakeem Oshodi of the Lagos State High in Ikeja on September 27, 2022, on a three-count charge of conspiracy, fake kidnapping, and breach of public peace.
The state had accused Ogundare of putting himself forward to be kidnapped to cause a breach of public peace,” contrary to Section 5 of the Kidnapping Prohibition 2017, No. C17, Law of Lagos State, on July 5, 2017.
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In his judgment, Justice Oshodi sentenced the former monarch and his brother, Adams Opeyemi Mohammed, to 10 years imprisonment on count one without an option of a fine.
On count two, the court jailed the convicts for one year with an option of an N200,000 fine, and on count three, they are to spend 15 years behind bars without an option of a fine.
However, dissatisfied with the judgment, the convict approached the court to challenge the lower court’s decision, arguing that fake kidnapping is not known by law.
A three-person panel of the Court of Appeal, in a unanimous judgment read by Justice Peter Bassi, upheld the lower court’s verdict on counts one and two but upturned count three.
Other Justices of the panel are Justice Bayero and Folashade Ojo, who agreed with the lead justice.
Justice Bassi stated that the convict’s appeal succeeded in part and reduced his sentence to 12 years.
The court, however, held,” The Appellant is to serve ten years imprisonment for count one and two years for count two.”
On the third count, the court upturned the sentence in respect of false representation to release a kidnapped person.
The convict was first remanded on July 16, 2017, in Kirikiri Prison by an Ogba Magistrate’s Court for allegedly faking his kidnap.
Ogundare was prosecuted alongside his wife, Abolanle and brother, Mohammed.
The said kidnap took place on July 5, 2017, but Ogundare later confessed to police that he staged the kidnap to blackmail the state government.
He had claimed that he was abducted by three men along the Centre for Management Development Road, Ikosi-Isheri Local Council Development Area.
The Baale was said to have received a phone call from alleged developers, who had indicated an interest in a landed property within his domain.
The callers told the Baale where to meet them, prompting Ogundare to drive to the address with one of his brothers, Mohammed.
On arriving at the location, the three men appealed to Baale and his brother to join them in their White Toyota Venza state land.
It was stated that on their way, the Baale’s brother noticed one of the men had a gun with him, and he raised alar. The suspected kidnapper pushed the Baale’s brother out of the vehicle and sped off with the Baale.
In the same month, the former governor of Lagos State, Mr Akinwunmi Ambode, ordered the removal of Ogundare as the baale of Shangisha.