Three Years After, Akure High Court Sets Free Teenage Who Gave Birth In Prison, Case Struck Out

By Ayodele Oni

An Akure High Court, Ondo State, has struck out the five count charges against Kemisola Ogunniyi, a lady that gave birth in prison, June 2021.

Kemisola is among suspects arrested by soldiers during the end SARS protest in Akure and handed over to police for prosecution.

Kemisola  an 18-year old teenager then was on her way to the Federal University of Technology, Akure (FUTA) to collect money for her mother’s treatment when she was apprehended by the Nigerian Army at random and handed over to the police for investigation.

She was later alleged to be part of those who set the Governor Akeredolu Campaign Office, Akure, on fire during the EndSARS protest that took place in October 2020.

She was arrested on the 22nd of October 2020 and detained by the police, before being charged to the Magistrate Court in Akure, which declined jurisdiction on the case based on the gravity of the offences.

She along with others were thereafter slammed with fresh charges by the state government at the High Court, Akure, in Charge No. AK/3C/2021.

On the June 16, 2021, Kemisola gave birth in prison, a child named Okiki, who is now two years and one month and after concerted efforts and public outcry, on Tuesday, June 22, 2021, Kemisola was released to her counsel, Tope Temokun.

Justice Omolara Adejumo, sitting at Ondo High Court gave order for her release on compassionate ground to enable her do naming ceremony of her child.

Other suspect, Bukunmi Ayodele, who was arrested alongside Kemisola was not so lucky. She spent few more months in prison after Kemisola’s release till she too was released on bail.

Ever since, the two of them have been facing charges filed against them by the Ondo state government and have been in court with their lawyers since 2021 to defend the two ENDSARS prisoners free, convinced that they were innocent of the charges against them.

However, on Tuesday, the High Court of Ondo State sitting in  Akure presided over by Justice Kuteyi struck out the Charges against Kemisola Ogunniyi and Bukunmi Ayodele, in AK/3C/2021, after the prosecuting state counsel, Hellen Falowo, informed the court that the Prosecution has decided to withdraw the charge against the Defendants.

She added that it has become impossible to locate the vital witnesses needed for the prosecution of the Defendants, an application to which the counsel from the defence chambers, Tope Temokun, Adedotun Adegoroye, did not oppose.

In the five-count charge filed against them, which made them to be in court since are conspiracy to commit felony and arson, riotous assembly, stealing, and malicious damage.