April 21, 2024

Two bag one-year imprisonment for assaulting Ogun chief

A legal justification for the suspension of the expatriate employment levy

By James Ogunnaike, Abeokuta

An Ogun State Magistrate Court, sitting in Ota, Ado-Odo/Ota local government area of the state, has convicted two persons for assaulting an Egba High Chief, Shodiya Tajudeen Adekoyeni.

The Court found Osho Rasheed and Adewale Adebayo guilty of conspiracy to commit felony to cause bodily harm and unlawful cause of grievous harm to Chief Shodiya Tajudeen, the Bajito of Egbaland, and Baale, Adekoyeni Village.

The court discharged and acquitted the third respondent, Oni Moruf of the two charges.

Delivering the judgement, in a case with Suit No: MOT/662c/2022, Senior Magistrate O. O. Okikiolu, said Osho and Adewale were found guilty of the two count charge.

The defendants were charged with the following offences, “conspiracy to commit felony to wit unlawful grievous harm, punishable under section 516 of the Criminal Code Law, Laws of Ogun State and
unlawfully cause grievous harm punishable, under section 335 of the Criminal Code Law, Laws of Ogun State”.

“During the trial, the prosecution called four witnesses and tendered six exhibits. The defence, on the other hand also called five witnesses and no document was tendered.

“The evidence against the first defendant is that he and others assaulted the complainant and caused grievous bodily harm on him. His part during the incident was detailed in the testimony of the prosecution witnesses particularly PW1 who is an eyewitness”.

“Having carefully perused the evidence of both parties and watched their demeanour, I believe the evidence of the prosecution more. The evidence of PW1, which is the evidence of an eyewitness, particularly a police who was on duty at the time. He stated categorically the part everyone took in the incident. I see no reason to doubt the testimony of PW1.

In the circumstance, the prosecution has proved the case against the 1st defendant, he is hereby found guilty of causing grievous bodily harm on the complainant.

“On the 2nd defendant, the evidence against him is that though he did not physically participate in the assault but the 1st defendant and his cohorts acted on the orders of the 2nd defendant. I refer to the clear evidence of PW1, an eye witness whom all parties said he witnessed the events that transpired.

In this case, the 2nd defendant ordered others to commit the offence, under the law, he is as guilty as them. In the circumstance, the 2nd defendant is hereby found guilty of the offence of causing bodily harm.

“On the 3rd defendant, the evidence of PW1 is clear as daylight, he stated clearly that the 3rd defendant was not even at the scene of the crime talk less of participating in it. The prosecution’s evidence against him leaves no doubt, he never participated. The charge fails against him and he is hereby found not guilty of the offence.

“The offence of conspiracy has been established here. The 1 and 2nd defendants are hereby found guilty of the offence of conspiracy while the 3rd defendant is found not guilty of same”.

Overall, the 3rd defendant is discharged and acquitted while the 1 and 2nd defendants are found guilty of the offence of conspiracy to commit felony to wit and causing grievous bodily harm.