Sotitobire Church founder, Alfa Babatunde, was jailed for life, following disappearance of a one-year-old child, Gold Kolawole, in his church
By Julius Alabi, Akure
The Court of Appeal sitting in Akure, Ondo state capital has set aside the judgement of the Ondo state high court that sentenced the founder of the Sotitobire Praising Chapel.
An Akure High Court had sentenced the Prophet Alfa Babatunde to life imprisonment over the disappearance of one- year -old boy, Gold Kolawole, in his church in Sotitobire Praising Chapel in November 2019.
Prophet Alfa had in September asked the Appeal Court to nullify his life sentence conviction by the Ondo State High Court over the disappearance of one-year-old, Gold Kolawole, in his Church, in 2019.
Presenting his brief to the judges, the counsel to the prophet, Adegboyega Awomolo, SAN, said the high points of his appeal are the charges of conspiracy and aiding and abetting kidnapping against his client.
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He said that the High Court’s judgment was based on the investigation of the DSS, who took over the matter from the police.
Awomolo argued that the premise for the conclusion of the lower court cannot stand because DSS does not have the power to take over the investigation from the Police.
The council also said his client was convicted by the court based on circumstantial evidence and not accounts of an eyewitness or any confession.
He, therefore, prayed the court to set aside the judgment of the High Court which convicted the appellant and sentenced him to life imprisonment.
Countering the argument of the counsel to the accused, the prosecution, led by the Attorney General and Commissioner for Justice, Charles Titiloye, argued that the Appeal Court should dismiss the defendant’s argument.
Tititloye argued that the DSS took over the investigation because there was a threat to law and order when the issue of the missing child broke out.
He also said it was based on the crisis that erupted that the DSS took over the case, he urged the Appeal Court to uphold the judgment of the High Court.
Justice Gamma Barka who read the judgement on behalf of other Judges ruled that the circumstantial evidence the High Court based its judgement on is not enough to convict him.He was therefore discharged and acquitted
