Alleged Forgery: Court Overrules Lagos Prince’s Conviction
The Lagos State High Court has overruled the conviction of a prince and aspirant to the title of Oluwa of Lagos, Shamsondeen Oluwa, of forgery.
A Lagos State Magistrate’s Court presided over by Mr. A. A. Adesanya, had in an August 5, 2015 judgment convicted Oluwa and four others of charges of conspiracy and forgery.
The others are Ismaikla Oluwa, Tajudeen Oluwa and Muse Oluwa.
The magistrate held that they were guilty of forging a public notice of March 5, 2013.
Dissatisfied with the judgment, however, they appealed to Justice Modupe Nicol-Clay of the Lagos State High Court, contending that their conviction was wrongful.
In her judgment, Justice Nicol-Clay upheld their appeal and set aside their conviction by the magistrate.
She held, “Having carefully considered the respective submissions of both learned counsel, it is my view that the offence of conspiracy, by its nature, is often proved by circumstantial evidence; it is seldomly or rarely proved by direct evidence.
“The publication is said to be undated and unsigned. In the eyes of the law, such an undated and unsigned document has no probative value; no evidential value in law. It was not signed by the appellants and one of them, Muse Adegboyega Oluwa, is not listed in it.
“I find myself to be in agreement with the submission of the learned counsel for the appellants that lifting of the genuine stamp or genuine signature of Adeniyi Ezekiel Shola into the public notice is not tantamount to forgery.
“The proper order to make would be to grant this application. The judgment of the trial judge is hereby set aside; the appellants are hereby discharged and acquitted of counts 1 and 2 of the criminal charge of conspiracy and forgery.”
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