An Ikeja High Court in Lagos has rejected the post-conviction bail application filed by the convicted dethroned Baale of Shangisha Mutiu Ogundare and his brother, Opeyemi Mohammed.
The duo were on September 27 sentenced to 15 years imprisonment each for faking Ogundare’s kidnap.
On Wednesday, Justice Hakeem Oshodi dismissed their application for lacking merit.
He held that the application did not satisfy the special conditions to grant the post-conviction bail pending appeal.
According to the judge, where an applicant raised the issue of exercise, the applicant must prove the exceptional condition under which his request could be granted.
“Upon the careful reading of the cases cited on the examination of the bail application pending appeal that there would be a delay before the appeal hearing.
“The court has it rightly noted by the prosecution that this court is not sitting as the appellate court. The challenge is not guilty of the appellant.
“The issue of the innocence of the applicant no longer exists. The issue has been well settled unless there are exceptional grounds for dealing with the later ground of the case.
“There is a proposition that fake kidnapping is not known to law but the applicants were charged with false kidnapping which is a felony.
“The deponent stated that the notice of appeal was filed, there was no receipt or document to show that the appeal is pending. The exceptional condition has not been met. The application is hereby dismissed,” he said.
The convicts had filed the application for post-conviction bail pending hearing and determination of their appeal at the Court of Appeal.
Ogundare was charged alongside his wife, Abolanle, and brother, Mohammed.
They were arraigned on three counts bordering on conspiracy, breach of peace and fake kidnapping.
On June 15, the court discharged and acquitted Abolanle on the basis that she had no link to the offences.
