The Magistrate Court sitting in Ilorin, the Kwara State capital on Wednesday, May 08, 2024, resumed sitting in a case preferred against Chief Olowofela Oyebanji and 12 others.
Godwin Jacob (1st defendant) Olowofela Oyebanji (2nd defendant) and 11 others are facing charges of criminal conspiracy, culpable homicide, kidnapping and giving false information contrary to Sections 97, 221 and 178 of the penal code law and section 1 (Special Prohibition) kidnapping law of Kwara state 2010.
The case which commenced in February 2024, has not witnessed much progress due to judicial bottlenecks from the Prosecution camp. Again, when the case was called on Wednesday, May 08, 2024, Prosecution counsel, Sanni Abdulahi, had asked Magistrate Mojisola Kamson, to adjourn the case for further mention as the prosecuting team still awaits legal advice from the Department of Public Prosecution, DPP.
Abdulahi explained that the ministry is overwhelmed with too much work, hence the delay. Counsel to second defendant, O.M Ode, did not object to the request, but was more concerned about the delay, especially as it affects his client, Chief Oyebanji Olowofela, an 80 year old man who has been shuttling the courtroom and hospital bed in a passionate move to exonerate himself, of a case he maintained he knew nothing about. Not minding his ill health, he was always eager to come before the law to clear a family name and status of any stain whatsoever.
Kamaldeen Quadri, counsel to the 3rd,10th, 11th and 14th defendant, did not say anything different. He pleaded that the Prosecution counsel expedite action on the legal advice so that the case can proceed accordingly and without further delay.
In her ruling, Magistrate Mojisola Kamson, agreed on the need for speedy release of the advice because of the urgency required. The Magistrate hinged her request on service of justice. Like the popular saying goes, “Justice delayed is justice denied.” She particularly underscored, that the defendants in detention deserves justice as the correctional centre is not a recreational centre.
The case of Chief Oyebanji Olowofela brings to the fore once more, the clamour for due diligence in the institution of criminal cases as well as ensuring a satisfactory judicial process. The challenges bedeviling the Nigerian justice system starts from the outset, when allegations are made, evidences gathered and charges launched. This explains why Nigeria correctional centres are today, inundated with over 70% awaiting trial inmates and judges cringing under the weight of too many cases – both needful and needless. Everyday, innocent and helpless citizens are picked up on trumped up charges without diligent investigation to establish the veracity of the allegations. Many of such helpless victims are languishing in incarceration, awaiting trial that’s never to come. In most cases, security operatives have been accused of doing this, so as to be adjudged as “being on top of certain pressing matters,” in the name of saving face.
It is expected that in a case of this magnitude and sensitivity, the Prosecution will get its act together to diligently present solid evidences and ensure express judicial process devoid of lull and frustration. It is important that we beam our searchlight in the right direction so we don’t chase shadows, yet leave the real issues unresolved.
While the clamour by citizens in Kwara and the neighbouring states have always been an end to the menace of kidnapping in the states and adequate prosecution of those found culpable, care must be taken not to let the innocent suffer unjustly. This is particularly crucial in the case of Chief Oyebanji Olowofela, an aged public figure who at 80 years of age, has no record of criminal involvement whatsoever. This case again puts our justice system to test, as his trial throws up fresh and shocking revelations.
For instance, the first defendant in the said case, Godwin Jacob, who happened to be his security guard/house help had at the Police Headquarters, Kwara State Command, recanted, stating it clearly to the team of investigators in his written statement that Chief Olowofela knew nothing about the said alleged offences. Godwin Jacob voluntarily repeated same before the court on March 15th, 2024, claiming to have concocted the stories under duress, torture and threat of death by the men in uniform after he was arrested.
The written statement of Adefalolu Ayodele (3rd Defendant) and Olowofela’s personal driver also corroborates this. The Report prepared by the team of investigators did not incriminate the octogenarian in any way or form. In fact, the First Information Report, F.I.R, equally reviews that Godwin Jacob gave false information in order to mislead the Security operatives. Mohammed Dankai, (13th defendant) who was identified by Mercy as one of the kidnappers has never in any way mentioned the Royal chief as a party to the act. From all indications, there has been nothing that incriminates the alleged other than the unsubstantiated allegations of a young man who has repeatedly stated that he made the spurious claims under duress.
What the law of the land forbids is injustice and the judicial process must be seen to be doing so. Justice should not only be done, but should manifestly and undoubtedly be seen to be done. It will spell doom for our justice system if any man at this age is subjected to needless pain for nothing sake. It will also be unfair if a man of this status as a business man, politician and traditional ruler, who has contributed his quota to the development of the society is made to suffer any form of injustice.
All said, he who must come to equity, must come with clean hands. Our laws must ensure that justice is served, no matter how highly placed, for us to entrench a saner and orderly society. The prayer of all in the South West and Nigeria at large is for acts of criminality to be brought to an end and for perpetrators to face the wrath of the law. However, in so doing, we must ensure that the wheat is separated from the chaff. Anyone can be falsely accused of a crime. But everyone accused of a crime deserves a fair trial.
This therefore calls for painstaking investigation and a speedy judicial process so that the reputation of a man which he hath built for decades do not go into ruins. This again, is not just about Olowofela. It also speaks of every accused in this case and every other. The public is watching.
