The Court of Appeal sitting in Akure the Ondo State capital on Monday reserved the judgment in the appeal filed by the Founder of Sotitobire Praising Chapel, Prophet Babatunde Alfa.
The Precision NG reports that Prophet Alfa was handed life imprisonment by Justice Olusegun Odusola of the Akure High Court on Tuesday, October 6, 2020 for complicity in the disappearance of a missing child, Gold Kolawole.
Gold Kolawole allegedly disappeared at the Prophet’s Church in November, 2019.
Counsel to Mr Alfa, Gboyega Awomolo while arguing his briefs questioned the validity of the investigation by the Department of State Service (DSS) while the police was already on the case. He said the case was ‘hijacked’ by the secret service.
Awomolo added that the DSS shouldn’t have arrested or investigated the case since it was a criminal matter thus nullifying other actions including the prosecution and eventual conviction of Mr Alfa.
He said the circumstantial evidence upon which the defendant was jailed was faulty, praying that the appellate court should quash the lower judgement of the High Court and set Alfa free.
On his part, the leading counsel for the Ondo State Government, the Attorney General and Commissioner for Justice, Mr Charles Titiloye argued that the DSS had to take over the investigation because the case might cause a breach of public order as a result of the ‘shoddy’ treatment by the police.
According to Titiloye, the administration of criminal justice law in the State upon which the Alfa was jailed did not forbid other security services aside the police from investigating criminal cases and recommending to the government for prosecution.
He also dismissed the position of the defendants that faulted the circumstantial evidence saying there position was mere assumption that had no disputing facts.
Titiloye therefore urged the court to uphold the lower court judgement that convicted the defendant.
The presiding justice, H. A. Barka after listening to all the arguments of both parties reserved judgement to a date which would be communicated to all parties.
Prophet Alfa was absent in the court on Monday.
Meanwhile, the appeals for the five children teachers convicted alongside the prophet will come up in the days ahead.