Chief Magistrate Under Investigation For Jailing Man Without Trial

365NEWS reports that the Chief Judge of Ondo State, Justice Olusola Odusola, has established an investigative panel to examine the circumstances surrounding a recent judgment by Chief Magistrate Tope Aladejana of the state’s Chief Magistrate Court in Ile-Oluji, located in the Ile-Oluji/Okeigbo Local Government Area.

The court sentenced a man to three years imprisonment for theft.

In a statement signed by the Chief Registrar of the state judiciary, Mrs. Yetunde Ajanaku, it was noted that the judiciary is deeply concerned about the judgment and the widespread reaction it has generated on social media, both within and outside the state.

The statement, released to journalists on Saturday, reads, “The Ondo State Judiciary has taken note of a recent judicial pronouncement delivered by an Ondo State Chief Magistrate Court sitting in Ile-Oluji on the 12th of August 2024 in the case with Charge No: MIL/25C/2024, the Commissioner of Police (COP) versus Benjamin Andrew.

The purported Certified True Copies of this judgment have become the subject of extensive online discussions and public scrutiny.

“The Ondo State Judiciary is deeply troubled by this development, and the Honourable Chief Judge has promptly initiated a thorough investigation to verify the authenticity of the Certified True Copies of the judgment and to examine the circumstances surrounding the pronouncement if the judgment is authenticated.

“This action is intended to ensure that court proceedings and practices in the state strictly adhere to the laws and established judicial conventions.

“The Ondo State Judiciary reassures the general public of its unwavering commitment to justice, acknowledging the potential for human error and occasional oversights. We respectfully request calm and thoughtful deliberation as we diligently work to resolve the issues arising from this matter.”

In the judgment delivered on August 12, which has since gone viral, the convict, Benjamin Andrew, who had no legal representation, was sentenced for stealing cocoa from the complainant’s farm.

A copy of the judgment, shared on the X handle of Suave Lawyer (@jurists_oriko), partially reads: “Although the defendant pleaded not guilty, the complainant stated this is the second time he caught him stealing cocoa from his farm. The complainant reported the matter to the police, and the officer in charge, Corporal Akinniyı Pious, confirmed that the defendant had previously confessed to the crime and begged for forgiveness.

Despite the defendant’s plea of not guilty, the court noted the prevalence of cocoa theft in the area and determined that justice must be served to prevent the issue from escalating.

“Based on the evidence, which included corroboration from the investigating police officer, the court convicted the defendant and sentenced him to three years imprisonment on each count, with the sentences to run concurrently.”

Legal practitioners have criticized the judgment, describing it as an abuse of judicial power and process.

Aliyu Yunusa, a lawyer and Lead Volunteer/Coordinator of the Human Rights Foundation – West, condemned the judgment, stating, “The judgment delivered by His Worship Tope Aladejana in Charge No: MIL/25C/2024 (COP v. Benjamin Andrew) is a gross abuse of judicial office. Such a judgment would be unthinkable even in an animal farm, but perhaps it could happen in a banana republic. The actions of the learned trial magistrate are not only unreasonable but also highly condemnable.”

“Our criminal justice system is based on the principle that every accused person is presumed innocent until proven guilty (See Section 36(6) of the 1999 Constitution of the Federal Republic of Nigeria – as amended). Regardless of how rampant a crime may be, no one should be railroaded into prison without a proper trial. This gross misconduct by the magistrate calls for a thorough review of recent magistrate appointments, particularly in Ondo State.”

Another legal expert, Oju Kekemeke, expressed shock and embarrassment over the judgment, calling it strange to the criminal justice administration system.

“The procedure adopted by the court is strange and unknown to the criminal justice administration system.

Moreover, it is important to note that, according to the purported record of proceedings and/or judgment, the defendant was not given the opportunity to defend himself, a right guaranteed and secured by the Constitution of the Federal Republic of Nigeria, 1999, as amended.

“Even worse, the court imposed a severe and punitive sentence of three years imprisonment without trial, despite the defendant’s plea of not guilty. This so-called judgment would not withstand scrutiny on appeal, whether under legal, rational, or logical analysis.

In my view, this represents a disheartening indication of the breakdown of our justice administration system, with ominous implications for our society.”