The post-conviction bail application made by the dethroned Baale of Shangisha, Mutiu Ogundare and his brother, Opeyemi Mohammed, was refused by an Ikeja High Court on Wednesday.
For fabricating his own kidnapping, Justice Hakeem Oshodi sentenced the defendants to 15 years in prison on September 27.
In his decision, Oshodi rejected their application because it lacked merit.
He determined that the application did not meet the unique requirements for post-conviction bail awaiting appeal.
The judge ruled that where a requester brought up the subject of exercise, the requester was required to show that there were exceptional circumstances in which his request may be granted.
“Upon the careful reading of the cases cited on the examination of the bail application pending appeal that there would be a delay before the appeal hearing.
“The court has it rightly noted by the prosecution that this court is not sitting as the appellate court. The challenge is not the guilty of the appellant.
“The issue of the innocence of the applicant no longer exists. The issue has been well settled unless there are exceptional grounds for dealing with the later ground of the case.
“There is a proposition that fake kidnapping is not known to law but the applicants were charged for false kidnapping which is a felony.
“The deponent stated that the notice of appeal was filed, but there was no receipt or document to show that the appeal is pending. The exceptional condition has not been met. The application is hereby dismissed,” he said.
Before the court, the prisoners had submitted an application for post-conviction bail until the hearing and outcome of their appeal at the Court of Appeal.
Along with his brother Mohammed and wife Abolanle, Mutiu was accused of the crime.
They were charged with three counts that included fake kidnapping, peace violation, and conspiracy.
Abolanle was acquitted and released by the court on June 15 on the grounds that she had no connection to the crimes.
