Encomium
– Case withdrawn from court
Barrister Alaba Okupe has accepted the unreserved apology from Gbenga Gbadesire, and the case of malicious publication capable of leading to breach of peace has been withdrawn from the courts.
The case (Commissioner of Police vs Gbenga Gbadesire) with charge number MIK/A/112A/2014, was terminated on July 22, 2015, by the Chief Magistrate (Admin), Mrs. T. O. Aje-Afunwa pursuant to the prosecutions’ application for withdrawal of the charge.
The magistrate ordered: “I hereby grant application to withdraw and strike out this charge No. MIK/A/112A/2014 C.O.P vs Gbenga Gbadesire.
Defendant is discharged.”
Meanwhile, a letter to withdraw the case had earlier been submitted to the court by Barrister Okupe on account of the apology letter written to him by Gbadesire and dated 2/7/2015, which informed his decision to drop all the charges against him.
The letter read:
“I am the complainant in the above charge which is pending before this Honourable Court for Trial on Friday, July 3, 2015.
“Please kindly inform the court that Gbenga Gbadesire, the Defendant, has written a Letter of Unreserved Apology dated 2/7/2015 to me and I humbly request that all charges be dropped against him.
“Please, find attached herewith a photocopy of the said letter dated 2/7/2015. I very much appreciate the court’s patience in thus matter.
Thanks for your co-operation.
However, the content of Gbadesire’s apology letter dated 2/7/2015 also read:
Dear sir,
Upon mediations from respectable persons and authorities for the sake of peace and in furtherance of the peace brokered at our last meeting for both of us to sheathe swords. I believe as a cultural Yoruba man, with much respect for old age that it is in my place notwithstanding my grudge to without any prejudice whatsoever tender an unreserved apology to you, Baba Okupe.
Thank you.
The case withdrawn was between the police and Gbadesire.
And here are the particulars of the case:
Commissioner of Police vs Gbenga Gbadesire (m) aged 51 years
COUNT 1: That you Gbenga Gbadesire, male of No. 21, Okesuna Street, on or about 4th day of November 2013, at No. 21, Okesuna Street by means of a bulk computer generated text message did circulate via the internet to the whole world at large inclusive of the Lagos Magisterial District a publication titled “UNIKOYI 1938” which is offensive to the integrity and reputation of Mr. Alaba Okupe, a trustee of Ikoyi Club 1938 and thereby likely to provoke a breach of peace among the vast membership of Ikoyi Club 1938 contrary to section 57(1)(b) of the criminal law of Lagos State Law No. 11 of 2011 and punishable under section 57(1)(c) of the criminal law of Lagos State Law No. 11 of 2011.
COUNT 2: That you Gbenga Gbadesire, Male of No. 21, Okesuna Street, on or about 5th day of November 2013, at No. 21, Okesuna Street by means of bulk computer generated text message did circulate via the internet to the whole world at large inclusive of the Lagos Magisterial District a publication titled “UNFIT OKUPE” which is offensive to the integrity and reputation of Mr. Alaba Okupe, a trustee of Ikoyi Club 1938 and thereby likely to provoke a breach of peace among the vast membership of Ikoyi Club 1938 contrary to section 57(1)(b) of the criminal law of Lagos State Law No. 11 of 2011 and punishable under section 57(1)(c) of the criminal law of Lagos State Law No. 11 of 2011.
COUNT 3: That you Gbenga Gbadesire, Male of No. 21, Okesuna Street, on or about 8th day of November 2013, at No. 21, Okesuna Street by means of bulk computer generated text message did circulate via the internet to the whole world at large inclusive of the Lagos Magisterial District a publication titled “BACK GROUND” which is offensive to the integrity and reputation of Mr. Alaba Okupe, a trustee of Ikoyi Club 1938 and thereby likely to provoke a breach of peace among the vast membership of Ikoyi Club 1938 contrary to section 57(1)(b) of the criminal law of Lagos State Law No. 11 of 2011 and punishable under section 57(1)(c) of the criminal law of Lagos State Law No. 11 of 2011.
COUNT 4: That you Gbenga Gbadesire, Male of No. 21, Okesuna Street, on or about 26th day of November 2013, at No. 21, Okesuna Street by means of bulk computer generated text message did circulate via the internet to the whole world at large inclusive of the Lagos Magisterial District a publication titled “BY OKUPE & CO” which is offensive to the integrity and reputation of Mr. Alaba Okupe, a trustee of Ikoyi Club 1938 and thereby likely to provoke a breach of peace among the vast membership of Ikoyi Club 1938 contrary to section 57(1)(b) of the criminal law of Lagos State Law No. 11 of 2011 and punishable under section 57(1)(c) of the criminal law of Lagos State Law No. 11 of 2011.
COUNT 5: That you Gbenga Gbadesire, Male of No. 21, Okesuna Street, on or about 26th day of November 2013, at No. 21, Okesuna Street by means of bulk computer generated text message did circulate via the internet to the whole world at large inclusive of the Lagos Magisterial District a publication titled “BY OKUPE & CO.” in Yoruba language purporting the same to be made by or on behalf of Mr. Alaba Okupe, a trustee of Ikoyi Club 1938, Ikoyi who is a legal practitioner practicing under the same name and style of “Okupe & Co.” who did not make it or authorize it to be made by you Gbenga Gbadesire to use the said publication titled “By Okupe & Co.” to the prejudice of the integrity and reputation of Mr. Alaba Okupe and thereby committed the offence of forgery of the said document/publication titled “By Okupe & Co.” contrary to sections 360(1)(b); 361(1)(a) of the criminal law of Lagos State Law No. 11 of 2011 and punishable under section 363 (1) of the criminal law of Lagos State Law No. 11 of 2011.
COUNT 6: That you Gbenga Gbadesire, Male of No. 21, Okesuna Street, on or about 14th day of April 2014, at No. 21, Okesuna Street by means of bulk computer generated text message did circulate via the internet to the whole world at large inclusive of the Lagos Magisterial District a publication titled “OKUPE SENT ASSASSINS TO KILL GBADESIRE” which is offensive to the integrity and reputation of Mr. Alaba Okupe, a trustee of Ikoyi Club 1938, and thereby likely to provoke a breach of peace among the vast membership of Ikoyi Club 1938 contrary to section 57(1)(b) of the criminal law of Lagos State Law No. 11 of 2011 and punishable under section 57(1)(c) of the criminal law of Lagos State Law No. 11 of 2011.
