A Magistrate Court sitting in Osogbo has struck out a criminal case against the National Chairman of the Action Alliance, Barrister Kenneth Udeze, and three others, citing legal irregularities in the prosecution.
Udeze, along with three members of the party—Ogunmodede Adeloye, Vernimbe James, and Adepoju Adetunji—were arraigned in February 2020 over allegations of forgery of Independent National Electoral Commission documents.
The charges read, “Sometimes in July 2018 in Osogbo, within the Osogbo Magisterial District, did conspire among yourselves to commit felony to wit forgery/altering/making false statements to public officers and thereby committed offence contrary to section 516 of the Criminal Code Cap 34 Vol 11, law of Osun state.”
An additional charge stated, “That you Adepoju Timothy Adetunji on the 20th day of July, 2018 at High Court of Justice, Osogbo, did make false statement that you were elected as Governorship candidate of Action Alliance Party to the officers of Osun state High Court and thereby committed an offence contrary to and punishable under section 125(a) and (b) of the Criminal Code Cap 34 Vol 11, law of Osun state, 2002.”
The case experienced multiple adjournments at the instance of the prosecution before eventually proceeding to trial. During the hearing, both the prosecution and defense presented their witnesses and closed their cases after the adoption of written addresses.
In her judgment on Thursday, Magistrate Adebola Odeleye ruled that the charge under which the AA National Chairman was being tried lacked a legally recognized signature. She stated, “This critical flaw rendered the prosecution’s case invalid and incompetent in the eyes of the law.”
As a result, the case was struck out, bringing an end to the legal proceedings against Udeze and the three other party members.
