The Court of Appeal sitting in Akure, Ondo, on Friday discharged and acquitted Alfa Babatunde, the founder of Sotitobire Praising Chapel in Akure.
The pastor had been convicted by the state High Court over the disappearance of a year- old-boy, Gold Kolawole, popularly known as Baby Gold.
Baby Gold was abducted in November 2019, during a church service at the children section of Sotitobire Praising Chapel, located at Oshinle Quarters in Akure.
The boy’s whereabouts has since remained unknown.
In 2020, the Akure High Court convicted Alfa Babatunde on a two-count of kidnapping and aiding and abetting to kidnap.
Justice Olusegun Odusola of the high court had sentenced Babatunde alongside others – Omodara Olayinka, Margaret Oyebola, Grace Ogunjobi, Egunjobi Motunrayo and Esther Kayode – to life imprisonment.
However, the appeal Court on Friday upturned the lower court’s judgement.
Justice Hammah Barka of the appellate court discharged and acquitted Babatunde on the grounds that the circumstantial evidence upon which the lower court based its judgement was not enough to convict the appellants.
Reacting to the judgement, counsel to the pastor, Akinyemi Omoware, said the court judgement had shown that truth would prevail over falsehood.
His words, “It was held that the appellant was not found culpable of the alleged offence. He is not guilty as pronounced by the trial court. We are using this medium to tell the members of the church and the general public that they should rejoice with conscience. They should not go out causing problems. They should take it that that is the will of God. We are happy about this.”
Also, the Ondo State Attorney-General and Commissioner for Justice, Charles Titiloye, in his reaction said the state government would study and examine the judgement before deciding on the next step to take on the matter.
He said, “The court has affirmed that DSS can investigate any case and does not have a jurisdictional problem to investigate a case like this. However, the court has stated that the circumstantial evidence upon which the conviction was based upon at the lower court is not enough to sustain the conviction of the defendants. Our attitude from the state is that we study the judgement and take the proper steps we are supposed to take on the matter.”
