The Obalogun of Igoba, a traditional head of Igoba community in Akure North Local Government Area of Ondo State, Chief Adinlewa Adeniyi, has been arraigned over the alleged murder of the former Elemo of Igoba, Aladegbaye Johnson.
Chief Adeniyi was docked on Thursday at the Ondo State High Court (Court 7), sitting in Akure, the state capital.
The traditional ruler was charged alongside Chief Adegbola Omoye and Adegbayi Ayoola over four counts bothering on conspiracy, murder, grievous harm as well as intent to cause grievous harm and prevent arrest.
According to the charge sheet, they were alleged to have caused the death of Aladegbaye Johnson on August 4, 2021 at Aleo and Imolumo, Igoba in the Akure, after severely beating him and fist blow on the jaw of Aladegbaye Johnson and Peter Akomolafe.
On conspiracy, the accused were alleged to have committed an offence contrary to and punishable under Section 516 of the Criminal Code Cap 37 Vol 1 Laws of Ondo State of Nigeria 2006, while on the second count charge, they were alleged to have committed murder, contrary to Section 316 and punishable under Section 319 of the Criminal Code Cap 37, Vol. 1 Laws of Ondo State, 2004.
Counsel to the accused, Mr. Oladan Olawale told the court that he had filed a bail application on March 22, 2022 but it was refused by the Prosecution, on ground that the document was not dated.
He said, “The law of the land is very clear, that every citizen of Nigeria has a right to complain with the police and after investigation, the police have a right to bring such before the court, having established the prima facie case and that is what the complainant has done in this matter.
“However, the same law provides that every accused person is presumed innocent until the otherwise is proved. That is the essence of the provision of the law relating to bail.
We have the right to bring an application for bail to release these people conditionally, pending hearing of the application and that is what we have equally done.
“They have to exercise their rights and we have exercised ours as well. The law now provides that it is within the discretion of the court to either grant our application or refuse in a matter of this nature which involves capital punishment like murder, the court must be very careful before releasing anybody on bail and we have to on our part established before the court that there are special circumstances warranting his being released on bail and one of such special circumstances is that the victim and the defendant have been in a prolonged land matter tussle. The matter is currently pending in the Supreme Court.”
He stressed that there has been a chieftaincy tussle between the deceased and his client.
“The deceased was removed as the Elemo of Igoba and my client was installed as the Elemo and you know that if any of them dies, it will be presumed that it is the antagonist that killed him, so that is what is playing out here. We are not being sentimental or emotional, we sympathise with the family of the deceased but nobody went to his house to kill him, he died a natural death.
“We have exhibited the Supreme Court cases pending as well as the chieftaincy matter. Around this time last year, the same deceased alleged that the defendant molested him, assaulted him but my client was discharged and acquainted, the same thing is playing out now,” Olawale added.
The Prosecuting Counsel, T. L. Oluwadare, who was however served in the court, asked the court to grant her time to study the bail application.
However, the trial Judge, Justice Williams Rotimi Olamide, subsequently, adjourned the hearing of the bail application and the substantive case to May 19, 2022.