A Kwara State Upper Area Court sitting in Ilorin, the state capital on Monday ruled that it has jurisdiction to try a defamation case brought against Azeez Adegbola aka Talolorun, and Chief Ademola Olawoore, popularly known as Oluwo Nla of Tede.
The court presided by Mr Sunday Adeniyi ruled that it has jurisdiction to try the case, adding that the charges brought against the two defendants were different from what was preferred against them at the Kwara State Magistrate Court. Adeniyi also ruled that the complainants in the two cases were different.
After the ruling by the court, the two defendants were immediately arraigned on fresh charges.
The duo were slammed with alleged conspiracy, disturbance of public peace, inciting disturbance, criminal defamation of character, and intentional insult to provoke breach of peace contrary to sections 96,113,114,391,399 of the penal code law of Nigeria.
The complaints were filed before the Court by A. A. Abolaji Ajasa and Co. on behalf of Alfa Okutagidi of number 105, Pakata Road, Ilorin, Kwara State.
The prosecution alleged that Talolorun made a video and posted it on Facebook on July 1, 2023, where he maliciously claimed that the late Okutagidi’s father who was a prominent Islamic Scholar in Kwara State and who made historic contributions to Islamic teaching and literature across Yoruba land sought spiritual assistance from Osun deity during his lifetime.
He further alleged that Talolorun also stated in the posted video that the complainant who succeeded his father also consulted Osun worshipers for spiritual assistance for his childless wife and claimed that it was the Osun deity who gave his wife a child.
He also alleged that Oluwo Nla in another video with Talolorun said that the late father of the complainant had many idols during his lifetime which he used to worship, adding that he learned of this when he was a student under the late cleric.
The prosecution counsel led by Umar Imam said that the video had generated controversy in the country and caused embarrassment to Okutagidi.
The two defendants in separate pleas denied the allegations.
The defense counsel led by Mr Ademola Banks urged the court to grant his clients bail in liberal terms saying that the offence is ordinarily bailable while they were ready to provide suitable surety.
“We urge the court to grant the defendants bail in liberal terms because the offence is bailable. Besides, Talolorun who is the first defendant is a popular person and he’s ready to provide reliable surety that would stand for him, he would not run away and would make himself available whenever his presence is needed.”
However, the prosecuting counsel opposed the bail for the defendants adding that they would escape to neighbouring countries if they were allowed to go home.
“Talolorun, the first defendant is a person with a criminal record. He was said to have escaped in Ibadan before the Police re-arrested him. Also, there is information that he plans to escape to Lome in the Togo Republic if the court releases him on bail,” Umar said.
The presiding judge, Mr Sunday Adeniyi, told the counsel to file a written motion before the court for the release of the two defendants.
“I hereby urge the defense counsel to file a written motion for bail of the defendants before next week Wednesday, September 20, 2023 when the case will come up for trial,” the judge ruled.