Almost one year after a 13-month-old baby boy, EninlalOluwa Gold Kolawole suddenly disappeared from the children department of Sotitobire Praising Chapel, Oshinle Quarters, Akure, Justice has finally been served. Generally, people had waited with bated breath for the outcome of the case
Despite the fight by the defense team as it brought another application challenging jurisdiction of the court on Tuesday, Justice Olusegun Odusola went ahead and sentenced Alfa Babatunde and the five children teachers: Omodara Olayinka, Margaret Oyebola, Grace Ogunjobi, Egunjobi Motunrayo, Esther Kayode to seven years on conspiracy and life imprisonment over aiding and abetting kidnapping.
He however discharged and acquitted the seventh defendant, Peter Anjorin over lack of substantial evidence.
The child, EninlalOluwa got missing November 10, 2019 in the church during Sunday service while the Department of Security Services had waded into the issue by making arrests of the defendants.
Following the issuance of the legal advice by the Department of Public Prosecutions in the Ministry of Justice, they were arraigned at an Akure Magistrate Court, Oke Eda and were later remanded at Olokuta Correctional Centre by Magistrate Charity Adeyanju.
The prosecution was led by the state’s Attorney General and Commissioner for Justice, Adekola Olawoye, SAN.
The following lawyers were in his team: Leo Ologun, Grace Olowoporoku, Bola Joel-Ogundadegbe and John Dada Joshua.
The defense counsel was led by Remi Olatubora whose brief was held by one Olumide Ogidan, Olusola Oke, Akinyemi Omoware and Olalekan Akinrinsola.
The defendants were arraigned on a two count charge of conspiracy to aid and abet kidnapping and aiding and abetting kidnapping.
The convicts were said to have conspired to aid and abet the kidnapping of the toddler and also aided and abetted his kidnap.
The case was later transferred to the State High Court 3 sitting in Akure.
When the charges were read to their hearing before the trial judge, Justice Olusegun Odusola, they all entered a ‘not guilty’ plea.
As the prosecution opened its case, the seventh defendant, Peter Anjorin was arraigned along with them. He was charged with taking away and destroying vital evidence.
The prosecution called nine witnesses; the missing baby’s aunt, mother, paternal grandmother, father and DSS men.
While giving evidence before the court, the family of the missing boy narrated scenarios on the disappearance of the missing boy and violence against the family.
It was a mixture of emotion and intrigues on the day the missing boy’s mother, Modupe Kolawole gave evidence before the court. Several times, the 24-year-old woman lost her composure and wept like a baby and at a point, she threw herself on the floor of the witness box in a tantrum.
She told the court that the five women docked received her child at the children department of the church. She explained that it was the third defendant, Margaret Oyebola who received her son and arranged a chair for him to sit while she registered him with the second defendant, Omodara Olayinka as number 87 on the church’s register.
She said when she went back to check on her son, she saw him eating snack and that when she asked him who gave him, there was no coherent explanation. She said that the second time, she wanted to go and check on him, she was hindered as Prophet Alfa Babatunde stood beside her and asked the church members to be prepared to pray and close their eyes as some powerful angels would descend and anyone who opened his eyes would die before December.
She testified further that they all closed their eyes out of fear as the first defendant began to lead the prayer session which lasted for thirty minutes.
She said that it was after the prayer session when he moved away from her that shecould go to her child at the children department.
Losing all composure, she could not continue with her testimony for some minutes.
She also said that when they went to the prophet late in the evening, he said “So it is your child? If it had been the child of one of the motorcyclists, he would not have been bothered.”
She said that police officers at B Division in Akure on five occasions showed her and her husband some babies who were not theirs.
She said that they had gone to the Civil Defense, police Anti Kidnapping unit, Deji of Akure’s palace and media houses to lodge complaints.
According to her, the prophet called her on the evening of the day after to ask whether her son had ever been kidnapped when he was a month old.
She alleged some policemen of complicity in the violence meted out against them as they were beaten and looked up.
As the hearing progressed, contrary to the rumour which went viral that the DSS had exhumed the corpse of EninlalOluwa Gold Kolawole from the altar of Sotitobire Praising Chapel, a prosecution witness from the DSS, Yomi Olabiyi told the court that it was not part of their duties to exhume corpse.
After two DSS witnesses gave evidence, the prosecution closed its case after calling 10 witnesses.
At different times, the defense counsel tried to get the clients out on bail. They had at a point gone on to a higher court but their efforts were unsuccessful as it was impressed upon them that the court was not favourably disposed to granting bail cases associated with kidnapping.
On August 6, 2020, his final bail applications were refused on the grounds that their bail application was not in accordance with the law.
In their testimonies, the children teachers had made allusions to a strange woman who came to carry the child, while some out of them had claimed that the mother came with a companion who later came to carry the child.
They also claimed that the father of the boy who joined them six months prior to the event had once answered an altar call in which he surrendered five baskets of charms.
The defense described as lies the claim of the boy’s parents that his aunt, Esther Kolawole did not arrive at the church with them and that he was sent on an errand to withdraw money at an automated teller machine.
It also claimed that contrary to the complainants’ claim that the first defendant sent thugs to beat them, it was the mother that came to cause mayhem at the church premises.
It further claimed that the child was found at Lagos and blamed the DSS for failing to follow up on the lead.
However, from all indications, the child had not been declared found by the parents.
The fourth defendant, Grace Egunjobi narrated how her husband died following her remand at the Olokuta prisons.
She had broken down in tears as she recalled how her husband gave up the ghost after watching her dragged to court on the television. She told the court that he had been bedridden for a while before her incarceration and she had been the one taking care of him.
Some videos and statements were tendered as evidence before the court.
The defense also closed its case after calling 12 witnesses. The court later adjourned the case for adoption of written addresses.
While the hearing was on, the case took a dramatic twist as a man came up claiming that he had the missing boy with him and demanded for a ransom.
However, he was soon discovered to be a fraud, traced to Port Harcourt by the DSS, arrested and later charged to court. He is currently going through trial at the Magistrate Court, Oke Eda.
The prosecution, led by Adekola Olawoye, SAN, while adopting written address cited circumstantial evidence as the grounds on which it based his argument.
The Attorney General raised questions such as: who was the strange woman that allegedly took the baby away, according to the defence? Why could any of the teachers fail to describe someone who took away the child registered and kept under their care?
While responding to the reply of one of the defense counsel, Olusola Oke, he stated that the claim that a strange woman took the baby away was a mere smokescreen to confuse the court.
He expressed doubt whether the baby could ever be found again as he said that the children teachers’ testimonies were inconsistent as to the identity of the woman who took the baby away.
In their testimonies during the trial, while some made allusion to a strange woman, others claimed that Esther Kolawole took away the baby.
The Attorney-General thereafter told the court that the prosecution had discharged the burden placed on it and urged the court to convict the defendants accordingly.
While addressing the court, Olusola Oke representing the first, second and fourth defendants said he had a written address dated August 4, and adopted same.
While making reference to some parts of the addresse, he impressed it upon the court that the church founder, Alfa Babatunde was in the church auditorium all through the service and did not go out, let alone go to the children’s department.
He argued that it was impossible to pin the first defendant to the crime as the prosecution witnesses even gave testimonies that he was in the church all through the service.
On the issue of the second and fourth defendants, he said that the fact that the two women were at the children church did not mean that they were involved in the crime.
He maintained that at the earliest possible time, the statement and testimonies of the defendants had been consistent that two women brought the missing boy, EninlalOluwa as against the claim of the prosecution.
He claimed that the statement of the father of the missing boy, Temitope Kolawole showed that they all got to church together along with the sister, Esther Kolawole whom they said during their testimony was sent to withdraw money from a point of sales.
He noted that the case ought to be probed further, saying that the investigation carried out was shoddy and has no basis for conviction. He argued that the DSS only stated during cross-examination that they went to the first defendant’s house and found nothing incriminating there.
He reminded the court that all through the trial, allusions were made to a case of a missing child and not aiding and abetting kidnapping which was contained in the charge brought against them.
He submitted that the case of the Prosecution was disjointed, weak and urged the court to discharge and acquit his clients.
Counsel to the third defendant, Olumide Ogidan urged the court to discharge and acquit his client on the basis that the prosecution did not prove the charges against her.
Akinyemi Omoware, representing the 5th and 6th defendants maintained that four people came to the church instead of the three stated by the prosecution witnesses.
He also cited the issue of jurisdiction while saying that a case that was still being investigated by the Department of Security Services should not be brought to the court and urged the court to also discharge and acquit his clients.
Counsel to the seventh defendant, Lekan Akinrinsola said that the exhibit tendered against his client was not demonstrated before the court, he urged the court to discountenance it and free his client.
While delivering judgement, the court found six out of the seven defendants guilty as charged and sentenced them accordingly.
It was a visibly shaking Peter Anjorin that went home while the others soberly and dejectedly marched to prison.
The Hope
