Sunday Adeleke Osayomi & Ors. V. The State (2006)

LawGlobal-Hub Lead Judgment Report

TIJJANI ABDULLAHI, J.C.A.

The case commenced from the Chief Magistrate’s Court, Grade II, Osan-Ekiti in Otun-Ekiti Magisterial District of Ekiti Slnle, where the appellants were charged for five counts as follows:-

(i) Count I – First Appellant allowed himself to be illegally installed as Oba.

(ii) Count II – First Appellant held himself as Oba

(iii) Count III – 3rd, 4th and 5th Appellants illegally installed 1st Appellant as Oba.

(iv) Count IV – All Appellants engaged in unlawful assembly.

(v) Count V – All appellants conducted themselves in a manner likely to cause a breach of the peace, 1st

appellant herein stood for counts I, II, IV and V.

Initially, eight persons were charged but before the end of trial, at different stages of the case, 2nd, 3rd and 5th accused persons died. The case proceeded to trial with the rest of the accused persons. The learned trial magistrate found the counts proved, convicted and sentenced the appellants to various terms of imprisonment as stated hereunder:-

(i) Count I – First accused: One year imprisonment with hard labour.

(ii) Count II – First accused: Three years imprisonment with hard labour.

(iii) Count III – 2nd, 3rd, 5th, 6th and 7th accused, one year imprisonment each with hard labour.

(iv) Count IV – 1st, 2nd, 3rd, 5th, 6th, and 7th accused fine of N200 or 6 months imprisonment with hard labour.

(v) Count V – 1st, 2nd, 3rd, 5th, 6th and 7th accused persons, fine of N100.00 or one month imprisonment with hard labour.