The Kwara State Upper Area Court sitting in Ilorin will on Monday (today), decide the case of two traditional religion devotees; Abdulazeez Adegbola aka Talolorun and one Chief Ademola Olawoore, Oluwo of Tede who were both standing trial of alleged defamation.
The two were on trial for allegedly defaming one Alfa Tonile Okutagidi and conspiring to disturb the peace in Ilorin, the capital of Kwara State, in violation of Nigerian law’s Penal Code.
Counsels for the two traditionalists, lead by M.P. Gegele, raised objections to the case when it was discussed in court last week on Monday, September 4, 2023. They noted that it was improper for the accused to be on trial for the same offence in two different courts.
He stated that although the pair had been charged with a crime in the Magistrate Court, it was improper to charge them with the same crime in a different court within the same jurisdiction.
He said, “I want to bring it before your worship that the defendants have been charged for defamation of Alfa Okutagidi before the Magistrate Court and they are also brought to this Court for the same offence. It is wrong to charge the same persons for similar offence in another Court within the same jurisdiction. I want to humbly submit that it is against the law and the fundamental rights of the defendants.”
“I want to plead that the case be struck out by this Court so that we can concentrate on the case at the Magistrate Court.”
In order to focus on the matter at the Magistrate judge, the attorney requested with the judge to dismiss the case.
Alfa Okutagidi’s attorney, Mr. US Umar, contended that although the case may have been similar, the people who presented the claims were different, hence it was improper for the court to dismiss it.
According to him, Talolorun and Oluwo were charged in the case before the Upper Area Court even though Talolorun was the only party named as a defendant in the case before the Magistrate Court.
The Upper Area Court’s presiding judge subsequently set Monday, September 11, 2023, for the resolution of the case.