Magistrate Abimbola Morakinyo of the Magistrate Court 6 in Isabo has refused the application of the police to remand suspected land grabber, Kehinde Lateef Kudaisi, at the Ibara Correctional Centre in Abeokuta.
The Ogun State Special Task Force Committee on Anti-Land Grabbing had on Wednesday 24th July 2024 arrested Kehinde Lateef Kudaisi over allegation of land grabbing at Oloparun village close to Rounder, through police officers at the Sabo-Ilupeju police station in Abeokuta, the State capital.
The police thereafter presented Kehinde Kudaisi before Magistrate Abimbola Morakinyo on Monday 29th July 2024 with an application requesting the order of the court to remand the suspect for 60 days in the first instance at the custody of the Correctional Centre, Ibara.
The prosecutor, Lawyer Oredeyin Timileyin appeal to the court to grant the order on the strength of Section 306 of the Administration of Criminal Justice and other Related Matter and Section 35 Subsection 1 of the 1999 constitution (as amended) “pending issuance of legal advice and the filling of information at the High Court in respect of the case if need be”.
The Counsel of the suspect, Hon. Wale Hebeeb Ajayi pleaded with the court to grant bail to the suspect as Section 308 of the Administration of Criminal Justice and other Related Matter 2017 “gives your Lordship that discretion to grant bail to the defendant in the circumstance of this case.”
Hon. Ajayi argued that no charges have been brought before any competent court and “reading through the offences charged or as disclosed that none is a capital offence.”
The Prosecutor however argued that it is the High Court and not the Magistrate Court that has the jurisdiction to grant bail to the suspect as his alleged offences are related to Sections 516 and 451 of the Criminal Code Law of Ogun State 2006 as well as Sections 6(1), 4(4)(a-b) and 3(1)(2) of the Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism and Other Anti-Violence and Other Related Offences Law of Ogun State, 2016.
After stepping down for about 30 minutes for ruling, Magistrate Abimbola Morakinyo said the offences against the suspect is not a capital offence and therefore could enjoy the bail of the court.
Magistrate Morakinyo thereafter granted bail to the suspect in the sum of N3 million and two bond Sureties in like sum.
She however ordered that the suspect be remanded at the Correctional Centre, Ibara pending the perfection of his bail term and adjourned the case to September 9 2024 for mention.
It would be recalled that the Baale Idiya, Chief Quadri Kudaisi who is also a family member of the suspect, Lateef Kehinde Kudaisi was taken to court on the same matter on July 10 following petition over allegation of land grabbing at Oloparun village Rounder in Abeokuta North Local Government Area of Ogun State.
The police arrested the traditional ruler after multiple petitions were submitted to the Ogun State Special Task Force Committee on Anti-Land Grabbing and the State Criminal Investigation Department (SCID) at the State headquarters of the Nigerian Police, Eleweran.
On Wednesday, July 10, 2024 the police took the Baale to the Magistrate Court, Isabo for charges related to allegation of land grabbing in violation of Ogun State Anti-Land Grabbing Law.
The case has drawn attention following a petition submitted by Jamiu Folarin, a journalist and researcher over the matter. Folarin’s petition, initially filed at the Sabo/Ilupeju police station, highlighted threats to his life and malicious damage to his property.
He attributed the threat to his life and malicious damage to his property to the investigation he conducted as journalists on criminal activities of land grabbers in Ogun State. The case was subsequently transferred to the State Criminal Investigation Department (SCID) at Eleweran.
BudgIT, a civic organisation also wrote the Ogun State Commissioner of Police, Abiodun Alamutu, calling for investigation of the matter leading to the threat to life and malicious damage to the property of one of its 2023 GovSpend Media Fellows, Jamiu Folarin.
Similarly, the Crescent University Cooperative Society (CRESCOOPS) also petitioned the Land Grabbing Committee over allegation of land grabbing against the Baale.
*The Case Against the Suspected Land Grabbers*
Meanwhile, the police has finalised plans to charge the suspects, Chief Quadri Kudaisi, the Baale of Idiya and Kehinde Lateef Kudaisi, on five count charges.
According to the charge sheet seen by journalists, the count one is related to allegation against the suspects who “conspire to commit felony and thereby committed an offence Contrary to and Punishable under Section 516 of the Criminal Code Law, Laws of Ogun State, 2006.”
The Count 2 reads: “That you Kehinde Lateef ‘m’ of No 3, L & K Kudaisi house, Idiya Rounder, Abeokuta, and others now still at large between 1st January 2023 to June 2024 along Oloparun village Igbo Ora road, Abeokuta, Ogun State in the Abeokuta Magisterial District damaged Teak Trees, Cashew trees and other Crop trees valued at Five Million Naira Only (N5,000,000.00K) properties of one Mr. Samuel Olusegun Adeogun and thereby committed an offence Contrary to and Punishable under Section 451 of the Criminal Code Law, Laws of Ogun State.”
The Count 3 of the case with charge number: MA/36 P.J/2024 bothers on placing “landgrabbers on 23 acres of land situate at Oloparun village Igbo Ora road, Abeokuta, Ogun State in the Abeokuta…and thereby committed an offence Contrary to and Punishable under Section 6(1) of Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism and Other Anti-Violence and Other Related Offences Law of Ogun State, 2016.”
The Count 4 reads in part:”…without lawful authority used violence for the purpose of securing entry into 23 acres of land situated at Oloparun village Igbo Ora road, Abeokuta, Ogun State in the Abeokuta..."
While Count 5 concluded and reads in part: “….forcefully take-over 23 acres of land belonging to Mr Samuel Olusegun Adeogun and thereby committed an offence Contrary to and Punishable under Section 3(1)(2) of Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism and Other Anti-Violence and Other Related Offences Law of Ogun State, 2016.”
Governor Dapo Abiodun administration, in August 2023, set up a 10-man Special Task Force Committee to deal with land-related issues occasioned by improper and incomplete legal documentation, land encroachment, and land grabbing in the state.
The state House of Assembly also amended relevant sessions of the anti land grabbing law to meet recent realities that would exclusively deal with the activities of land grabbers by prescribing appropriate stiff punishment for offenders.
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