By Abdkareem Olaleye
An Ekiti State High Court has warned the Ogoga of Ikere-Ekiti, Oba Samuel Adu Alagbado to desist from practicing trial by ordeal in his community.
Justice Olalekan Olatawura of Ado-Ekiti High Court handed down the warning while delivering judgement on the matter filed by the Ekiti State Government, against Omoyeni Blessing.
Omoyeni was charged on 3-count charge of conspiracy, membership of secret cult and obtaining by false pretense.
Justice Olatawura described the detention of the defendant in the palace of Ogoga as a crime cognizable under sections 141-143 of the Criminal Law of Ekiti State.
He added that no traditional ruler has the right to take laws in their hands in the discharge of their duty to rid their jurisdictions of crimes and other criminal activities.
The judgment reads; “Before I announce on the appropriate order (s) to make in the circumstances, I can not in good conscience shut my ears to an aspect of the defendant on which he was not cross examined at all, which I find not only disturbing but shocking, this also resonates in the statement of Gboyega Adewumi, Exhibit G, tendered by the prosecution.
“The first is the existence of a detention facility in the Palace of the Ogoga of Ikere-Ekiti where citizens are unlawfully detained on allegations of criminality, the second is forcing and or suggesting that alleged criminals take water and Kolanut to prove their innocence of alleged crimes or to take an oath to desist from criminal activities, indicative of trial by ordeal being carried out in the said palace, which I must say is a crime cognizable under sections 141-143 of the Criminal Law of Ekiti State.
“While efforts by traditional rulers to aggressively rid their domains of criminals and miscreants is laudable and commendable, I must say straightforward that they can not take laws into their hand and also infringe on citizens fundamental rights and or engage in criminality in the course hereof. If all these allegations are indeed true, and I hope not, such acts must be stopped forthwith, I need not say more.”
In acquitting and discharging him of the 3-count charge, filed by the Director of Public Prosecutions Ekiti State, Julius Ajibare Esq, Justice Olatawura held that the prosecution failed to prove the allegations beyond reasonable doubt.
Blessing, was first arraigned on 19th September, 2023, on three counts of alleged conspiracy, contrary to section 421 of the criminal law of Ekiti 2021; membership of Eiye Confraternity, contrary to section 41 of the Criminal Law of Ekiti State 2021 and fraudulently obtaining from one Kingsley Okon, the sum of N360,000, contrary to section 329 of the Criminal Law of Ekiti State 2021, all allegations he vehemently denied and pleaded not guilty to.
Following his plea, the prosecution opened its case with a total of two witnesses and tendered six documents, which were admitted as exhibits by the court.
During cross examination by counsel to the defendant, Kikelemo Owolabi Esq, the prosecution witness, Inspector Ayodele Afolabi testified that he did not arrest the Defendant in the course of committing the crimes for which he is standing trial.
He testified that he recovered nothing from the Defendant indicative or suggestive of the fact that he is a member of a secret society and that the Defendant was arrested by vigilantes’ based upon a petition from the Olukere Odo-Oja, Ikere-Ekiti, Oba Ganiyu Obasoyin and the Ogoga of Ikere-Ekiti, Oba Adeyemi Alagbado respectively.
He testified further that the allegation of obtaining by false pretense made by the two traditional rulers was based on what people told them (the traditional rulers), and that based on the confession of the Defendant, he believes he is a member of a secret society.
Upon the conclusion of the prosecution’s case, the Defendant testified in person and tendered some documents which were admitted as exhibits by the court.
During cross examination by the Prosecuting Counsel, F. O. Awoniyi, the witness testified that he is 32 years old and he denied growing up in Ikere but in Ibadan.
He testified further that he started having issues with the Ogoga of Ikere-Ekiti when he refused to drink “water” in 2021 when he was earlier accused of being a cultist.
Delivering judgement on the matter, Justice Olatawura, after analysing both parties submissions and exhibits and citing a plethora of legal authorities, held that the prosecution failed to provide any credible evidence before the Court that the Defendant is a member of a secret cult and obtaining by false pretense.
The Judge found the defendant not guilty of all the 3-count charges and ordered that he should be accordingly discharged and acquitted.
“In all, the Prosecution has totally failed to discharge the burden of proof beyond doubt placed on it by proving beyond reasonable doubt that the defendant committed the offences for which he is charged and consequent thereupon, I find the defendant NOT GUILTY on each of the three (3) Counts of the information and is accordingly discharged and acquitted”.