Court Frees Anglican Church Member Accused of Kidnap
Nine persons, including an Anglican Church member, accused assaulting and kidnapping the priest of Cathedral Church of Christ (Anglican Communion), Venerable Nathaniel Bamidele Oluwatade, have been discharged and acquitted by the Ilaro Chief Magistrate Court, sitting in Yewa South Local government of Ogun State.
The Defendants, who were arraigned before Chief Magistrate E. A. Adekunle, on a five-count charge of conspiracy to assault Venerable Oluwatade are Gbenga Elegbede and his wife, Bukola; Oke Atunrase, his wife, Elizabeth; Solomon Adeniji, his wife, Adedeji; Adebisi Ogunwunmi; Ololade Akinwunmi and Omoniyi Adedeji, were arrested on 1st of May, 2016.
The Defendants were also accused of conspiring to breach religion peace, as well as attempted kidnap of the Anglican priest.
Ruling on the ‘ No Case submission’ filed by the defence counsel, Segun Koleola, the trial court discharged and acquitted all the Defendants, on the ground that the Prosecution (Police) failed to prove their case against all the accused persons.
Chief Magistrate Adekunle said the Police Prosecution led by Sgt. Ibrahim Azeez, were just playing to the gallery.
In his ruling, the Magistrate observed that the Prosecution called only one witness, Sgt. Rodoye Oladimeji, whose only connection to the alleged crime was that he obtained the statements of the accused persons following their arrest.
According to the court, the witness said: “An unnamed authority, did not give him room to conclude investigation due to the religious nature of the case”.
The Court held that "The accused persons in this case, stand charged with the offence of conspiracy, assault, conduct likely to cause breach of peace, disturbance of religious worship, and attempt to kidnap one Venerable Oluwatade. The prosecution is therefore, required to establish the ingredients of these offences, to such a degree as would require the court to call on the accused persons to enter their defence.
"The Police called only one witness and tendered 12 exhibits through him. Exhibits P1, P2 and P3 being extra judicial statements of one Venerable Oluwatade. It is trite that in criminal cases, the Prosecution can discharge the burden of proof placed upon it through either the confessional statement of the accused, circumstantial evidence, or eye witness evidence."
The Court further held that, it was apparent that there was nothing linking the accused persons to the commission of any of the counts as stated in the charge sheet. "None of the essential elements of any of the counts, has been established by the Prosecution”.
"At the risk of sounding like a broken record, there was no eye witness evidence in this case, no circumstantial evidence, and no confessional statement, upon which the court can find a basis to call the accused persons to enter their defence".