An Ekiti State High Court in Ado Ekiti has set aside the conviction of a father and son for offence of conspiracy and assault.
The appellants, Mr Ebenezer Ojo and his son Temitope Ojo were arraigned before Magistrate Franca Olaiya on 9/2/2023 on three count charge bordering on threat to life, threat to kill and unlawful assault.
The charge reads that the appellants on 3/1/23 at Araromi Obo Ekiti within Igede Ekiti Magisterial district did conspire to commit felony to wit; threat to life, on same day, place and time did threaten to kill one Margaret Adedara, also unlawfully assaulted one Abdulkareem Azeez and Margaret Adedara, thereby committed offences punishable under Sections 422, 69 (1)(a) and 185 of the Criminal Laws of Ekiti State, 2021.
Upon arraignment, the charges were read and interpreted to the appellants, they pleaded not guilty.
The matter went to trial, the prosecution called five witnesses while one exhibit was tendered, the appellants also spoke in their own defense through their lawyer and called two witnesses.
In his judgment, Magistrate Olaiya found the appellants guilty of conspiracy to commit assault and unlawful assault on Abdulkareem Azeez and Margaret Adedara, they were subsequently sentenced to two years imprisonment each.
Dissatisfied with the Magistrate Court decision, the appellants through their lawyer, Olakanmi Falade, approached the High Court and filed five grounds of Appeal to set aside the conviction of the lower court and discharge and acquit the appellants, he cited different authorities to back his Appeal.
In his judgment, Justice Julius Ajibare said, it is clear that the material elements and ingredients of the offences of assault and conspiracy were never proved by the respondent “I cannot close my eyes to these anomalies, otherwise, I will be abdicating my judicial responsibilities.”
It is my view therefore that I am clothed with the requisite power and duty imposed by the interest of justice to intervene on the issue of fact.
The result is that, since the trial Magistrate failed to properly evaluate the evidence before it, which failure has resulted into miscarriage of justice, the appellants are entitled to be left off the hook by allowing this Appeal and set aside the judgment of the lower court, I so hold.
In view of the foregoing, this Appeal succeeds to the extent that the judgment of the learned trial Magistrate F.N. Olaiya delivered in this Appeal on 18/12/25 is hereby set aside.
The conviction of Mr. Ebenezer Ojo and Temitope Ojo for conspiracy and assault is set aside and appellants are hereby acquitted and discharged accordingly, the judge pronounced.
