Ex-lawmaker Folaranmi files appeal against Magistrate Court judgement
Khalid ABRAHAM
Ex-lawmaker, Hon Oyebamiji Folaranmi who represented Surulere/Ogo-Oluwa federal constituency between 1999 and 2003, has filed an appeal against his conviction on March 15 by a Chief Magistrate Court of Oyo State, Ogbomoso Magisterial District, which delivered an unfavorable judgement against him with an option of N500, 000 fine (which he opted for).
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Hon Folaranmi was found guilty of a four-count charge of conspiracy, false publication, threat to murder of an Oko town High Chief and his households as well as conduct likely to cause breach of public peace, by Chief Magistrate Muideen Salami.
However appealing the judgement at an Oyo state High Court in Ogbomoso in suit no. MOG/190/2021, he averred the judge erred in law on several grounds.
In his notice of appeal, filed by his counsel, Femi Kehinde esq, the appellant stated he was dissatisfied with the whole verdict of the magistrate court, therefore seeking a relief to set aside the judgement and to discharge and acquit him.
On the charge of conspiracy, he says, “The Lower Court erred in law and therefore came to a wrong decision which occasioned a miscarriage of justice when it stated that the prosecution proved the offence of conspiracy against the Defendant,” asserting the prosecution and its witnesses “failed to prove the essential ingredients of the offence of conspiracy as enshrined in the Criminal Code.”
He posited none of the prosecution witnesses proved beyond reasonable doubt the commission of the offence of conspiracy against him and provided no evidence.
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He also noted that the judge erred in law and made a wrong decision occasioning miscarriage of justice on the charge of publication of defamatory and false news on Facebook and against the claimant, arguing that the prosecution and its witnesses failed to prove the charge or give evidence on how the words allegedly posted on the said Facebook page affected the personality of the claimant or how the alleged words defamed his character.
He insisted the words complained of did not refer to the claimant, and that they were written in Yoruba Language and never mentioned his name. He further argued Yoruba Language was not the language of the court and no linguist was called upon to make a translation.
The appellant similarly found objection to his conviction “on Count 4 which has to do with written threats to murder and punishable under section 323 of the Criminal Code.”
In respect of the above he identified particulars of errors to include failure of the prosecution and its witnesses to prove the essential ingredients of the offence of written threats to murder, did not lead any evidence of threat to life or how he threatened the life of the first claimant and that no evidence was provided to link him to the commission of the offence.
He also frowned at his being convicted on Count 5 – “conduct likely to cause breach of peace, pointing out that no evidence was supplied to prove that charge against him, his committing or linking him to the offence.
He thus asserted the lower court erred in law and therefore came to a wrong decision which he said occasioned a miscarriage of justice by convicting him “on all the Four Counts Charge brought before it,” which he dismissed, arguing it was based mainly on a petition by the claimant, and that no complaint was made against him or any evidence provided linking him with commission of any offences for which he was convicted.
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He revealed he would file additional grounds of appeal after receipt of record of proceedings of the Magistrate Court.
He is therefore seeking a relief to allow the appeal and set aside the judgment of the lower court.
He thus prayed that he be discharged and acquitted “for the failure of the Prosecution to establish a prima facie case against him and also failure to proof the essential ingredients of the offences leveled against the Defendant.”
