Two years after the conviction of two community leaders for various offences, an Okitipupa High Court has set aside the conviction of the traditional ruler of Ebute-Ipare in Ilaje Local Government Area of Ondo State, Oba Francis Ogundeji, and the secretary of the community, Mr Thomas Ikuejamoye, for contempt of court.

The court presided by Justice A.W. Fabuluje upheld the appeal of Oba Ogundeji and Ikuejamoye against the verdict of a Chief Magistrate sitting in Igbokoda Court that convicted them for disobedience to the order of the court.

A Magistrate Court presided by E. A. Manuwa has convicted the duo for alleged disobedience to the order of the court and contempt of the court contrary to and punishable under Section 517 of the Criminal Code Cap 37 Vol. 1 Laws of Ondo State of Nigeria, 2006.

Also, the Magistrate Court convicted the head of Ebute-Ipare community and his Secretary for allegedly forging the land receipt of Ebute-Ipare Community Ogunowo Descendant by backdating the receipt of sales to read the month of November 2022 instead of 16th April 2017, knowing the same to be false.

Dissatisfied with the verdict of the Magistrate Court, which was delivered in 2023, the community leaders, through their counsel, Mr Tolu Abisagbo, approached the High Court for redress. He argued that the trial Magistrate Court was unreasonable in the verdict that convicted the appellants.

In his argument, Abisagbo said the lower trial court erred in law in convicting and sentencing the appellants on the counts of contempt of court and forgery, even though the prosecution failed to prove the ingredients of the alleged offence.

The counsel to the appellants argued that the verdict and judgment of the lower trial court were unreasonable and cannot be supported having regard to the evidence before the court, and that the lower trial court erred in law where it assumed jurisdiction despite the fundamental defects in the signing of the charge sheet upon which the appellants were convicted and sentenced.

Delivering his verdict, Justice Fabuluje held that the prosecution had not proved its case of disobedience to the lawful order of the court beyond a reasonable doubt that warranted the conviction of the community leaders by the trial lower court.

The High Court also said that the burden of proof in a criminal matter is proof beyond a reasonable doubt and the burden of proof lies on the prosecution to prove their case beyond a reasonable doubt against the defendants, a burden which the prosecution failed to discharge.

Pointedly, Justice Fabuluje said the appellants have done no wrong to warrant contempt of the court, adding that it was the prosecution that failed to do the needful, which was fatal to their case. He consequently discharged and acquitted the appellants of all the criminal charges against them.