The Court of Appeal, Akure, Ondo State division will on Friday 3rd of December, 2021 deliver judgement on the life imprisonment verdict handed down to Prophet Alfa Babatunde by the state High Court following the disappearance of a boy in his church.
The appellate court had in September reserved judgment on the case which was filed by Prophet Babatunde, the Founder of Sotitobire Praising Chapel Akure, against his conviction.
A counsel in the suit told journalists in Akure that the appellate court had reached out to them that the judgment will be delivered on Friday.
Prophet Babatunde had on Monday prayed the appellate court to nullify his conviction by the Ondo State High Court over the disappearance of the one-year-old Gold Kolawole in his church in 2019.
Presenting his brief to the justices, counsel to Prophet Babatunde, Chief Adegboyega Awomolo (SAN) said high points of his appeal were the charges against his client which were conspiracy and aiding and abetting kidnapping.
He told the court that at Sotitobire Church in broad daylight, a child was declared missing, the police was investigating and suddenly the DSS took over the investigation from the police. He said it was based on the investigation of the DSS that the appellant was tried and convicted.
Awomolo argued that his grouse was that DSS did not have the power to take over the investigation from the police.
He further said that the trial court convicted the appellant, not because of any eyewitness or any confession, but he was convicted because of circumstantial evidence.
He argued that for the totality of the findings of the trial court, the allegations could not be linked to Prophet Sotitobire based on circumstantial evidence.
He however urged the court to set aside the judgment of the trial court which convicted the appellant and sentenced him to life imprisonment.
Presenting his brief, the Attorney-General and Commissioner for Justice, Charles Titiloye argued in respect of the claims of counsel to the appellant that the DSS had no right to investigate and tender evidence in respect of the case.
Tititloye argued that the DSS investigated because there was a threat to law and order when the issue of missing a child broke.
He hinged his argument on the fact that after the alleged kidnapping, there was serious tension in the town, as the church was razed, many people were killed and properties were destroyed.
He said it was based on the crisis that erupted that made the DSS take over the case, urging the appellate court to uphold the judgment of the High Court.
The Presiding Justice, Rita Nosakhare Pemu after listening to the arguments of both counsels reserved judgement and said a date would be communicated to all parties.
