By Miracle Ogunde
Ondo State High Court sitting in Akure has struck out a felony charge against a teenager, Kemisola Ogunniyi and Bukunmi Ayodele after two years of legal battle.
Kemisola Ogunniyi, an 18-year old teenager was arrested on her way to the Federal University of Technology Akure, (FUTA) to collect money for her mother’s treatment when she was apprehended by the Nigerian Army, and handed over to the police for investigation.
She was later alleged to be part of those who set the AKETI CAMPAIGN OFFICE, Akure, on fire during the EndSARS protest that took place in October 2020.
Ogunniyi, who was arrested on the 22nd of October 2020 and detained by the police in Akure, was charged to the Magistrate Court in Akure which declined jurisdiction on the case based on the gravity of the offences.
However, fresh charges were filed against her and others by the state government at the High Court, Akure, in Charge No. AK/3C/2021.
Kemisola gave birth in prison on June 16, 2021, to a baby boy, who is now two years and one month.
After concerted efforts and public outcry, Kemisola was released from the Surulere Prison in Ondo, on the order of the Ondo State High Court presided by Justice Omolara Adejumo on Tuesday June 22, 2021.
She was given a compassionate bail, given that the naming ceremony of her baby should not take place in prison.
Bukunmi Ayodele, who was arrested alongside Kemisola was not so lucky, as she spent few more months in prison.
She was also released on bail not long after Kemisola’s release.
Since then, both of them have been facing charges filed against them by the Ondo state government.
Justice, however, prevailed today, when the High Court of Ondo State in Akure presided over by Justice Kuteyi, struck out the charges against Kemisola Ogunniyi and Bukunmi Ayodele, after the prosecuting Counsel, Hellen Falowo Esq, informed the court that the Prosecution has decided to withdraw the charge against the Defendants.
The prosecuting counsel stated that it has become impossible to locate the vital witnesses needed for the prosecution of the Defendants, an application to which the counsel from the defence chambers, Adedotun Adegoroye Esq., did not oppose.
In the five-count charge filed against the innocent Nigerians which has robbed them of their freedom since October 2020, and kept them in prison for about nine months, and in court for close to three years are conspiracy to commit felony and arson, riotous assembly, stealing, and malicious damage.
Reacting to the ruling, counsel to the defendants, Tope Temokun said, “after close to three years, the state woke up today to realize that it did not have witness or evidence to prosecute these youths having wasted their precious youthful years since 2020.
“We must not be tired to take the powers to task and if we have abandoned these youths to their fate, who knows what would have happened. But since 2021 that we came into this case, we have insisted they were innocent, ” he said.
He continued “on June 17, in my separate letters to the Ondo State Attorney-General and Commissioner for Justice, Sir Charles Titiloye and the Chief Judge of Ondo State then (now retired) Honourable Justice Oluwatoyin Akeredolu, demanding Kemisola’s release, I insisted she was innocent of the allegation levelled against her, which was the burning of Aketi Campaign Office Akure, as the charges against her were phantom charges. Today, history vindicates us!”, Temokun added.
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