By Chinasaokwu Helen okoro
The Chief Judge of Ondo State, Justice Olusola Odusola, has set up an investigative panel to look into the circumstances surrounding the judgment delivered by Chief Magistrate Tope Aladejana of the state Chief Magistrate Court sitting in Ile-Oluji in Ile-Oluji/Okeigbo Local Government Area as the court sentenced a man to three years imprisonment for stealing.
The statement signed by the Chief Registrar of the state judiciary, Mrs Yetunde Ajanaku, said the judiciary was disturbed about the judgment and the uproar it has generated in social media within and outside the state.
The statement made available to journalists on Saturday read, “Ondo State Judiciary has taken note of a recent judicial pronouncement delivered by an Ondo State Chief Magistrate Court
sitting in Ile-Oluji on the 12th day of August 2024 in the matter with Charge No: MIL/25C/2024, the case of the Commissioner of Police (COP) versus Benjamin Andrew in which the purported Certified True Copies of this judgment has become the subject of extensive online discussions and public scrutiny.
“Ondo State Judiciary is deeply concerned about this development and the learned Honourable Chief Judge has promptly launched a meticulous investigation to authenticate the veracity of the Certified True Copies of the said judgment, as well as to thoroughly examine the circumstances leading to the pronouncement thereof if the Judgment is duly authenticated.
This action is aimed at ensuring that the court proceedings and practices in the state strictly adhere to the letter and spirit of the applicable laws and established judicial conventions.
“Ondo State Judiciary hereby reassures the general public of its unwavering commitment to the sacred cause of justice, even while acknowledging the inherent possibility of human frailties and occasional oversights. We respectfully appeal for calm and composed deliberation as it diligently works to resolve the issues that have arisen in this matter.”
In the judgment delivered on August 12, which has gone viral, the convict, Benjamin Andrew, who had no legal representation in the court was sentenced for stealing cocoa in the complainant’s farm.
A copy of the judgment sighted on X handle of Suave Lawyer (@jurists_oriko), read partly “ Although the defendant pleaded not guilty. But the complainant said this is the second time he would meet him in his farm stealing his cocoa.
“He said he reported to the police and the police officer is in court. Corporal Akinniyı Pious said complainant once arrested the defendant to the station for the allegation of stealing his cocoa.
“He said defendant confessed and he begged complainant to forgive him. He said this is the second time that complainant would arrested him and brought him to the station for stealing in his farm. Defendant denied the allegation that he did not steal in complainant farm court: I noticed that stealing of cocoa is rampart in this area and a court of justice must do something before it gets out of hands.
Although the defendant pleaded not guilty, evidence against him show that this is not the first time complainant would see him in his farm. The IPO of the case when he was first arrested for similar offence is in court and he corroborated the evidence of the complainant.
In view of the above, defendant is hereby convicted and sentenced to three years imprison for each count of the charge. Sentences to run concurrently.”
Faulting the judgement, some of the legal practitioners described the judgement as an abuse of judicial office and process
A lawyer and Lead Volunteer/Coordinator Human Right Foundation – West, Mr Aliyu Yunusa said the judgment was condemnable and unreasonable.
“The judgment delivered by His Worship Tope Aladejana in Charge No: MIL/25C/2024 (Cop v Benjamin Andrew) is nothing but gross abuse of judicial office. That type of judgement will not happen even in animal farm, but maybe in banana republic. The attitude of the learned trial Magistrate is not only unreasonable, it is uncalled for and highly condemnable.
“Our criminal justice system is rooted on the foundation that every accused person is presumed innocent until the contrary is proven (See Section 36(6) of the 1999 Constitution of the Federal Republic of Nigeria – as amended). No matter how rampant any crime has become, no one should be railroad into prison without proper trial. This gross misconduct on the part of the magistrate calls for a critical review of all the appointments of magistrate made in the recent time, particularly in Ondo State.”
In his own view, Oju Kekemeke said the judgment was shocking and embarrassing and strange to the criminal justice administration system.
“The procedure adopted by the court is strange and unknown to the criminal justice administration system. It is also pertinent to note that from this purported record of proceeding and/or judgment the defendant was not afforded the opportunity to defend himself, which is a right guaranteed and secured by the Constitution of the Federal Republic of Nigeria, 1999, as amended.
“Worst still, the court handed down a grave and punitive sentence of three years imprisonment without trial even when the defendant entered a plea of not guilty. This purported judgment cannot stand the test of legal, rational and logical reasoning on appeal. It is my view that this is a sad reflection of the collapse of the entire justice administration system, the signs are ominous for our society.”
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