₦airaland Forum

The atmosphere of the Ebute Meta Chief Magistrate’s Court was tense on Tuesday when a former Commissioner for Rural Development and a governorship aspirant of the All Progressives Congress, Tola Kasali, 62, was arraigned for murder.

Arraigned with him were the Special Adviser to the Lagos State Governor on Politics and Legislative Matters, Musiliu Folami, 64, and Kasali’s Chief Security Officer, Tobun Abiodun, 38.

The court was filled with party loyalists, supporters and family members of the accused persons, as many others stood outside the court.

They were arraigned on four counts bordering on murder and unlawful possession of firearms.
The police said the men conspired to kill one Musiliu Lamidi on November 9, 2014, around 2pm at Eko Tourism Hotel, Akodo, in the Ibeju-Lekki area of the state.

The police added that they were found in possession of a pump-action gun, with number 6381, without a valid licence issued by the appropriate authorities.

The corpse of the deceased was said to have been found on the premises of one of the defendants.

The offences were said to be punishable under sections 231, 221 and 409 of the Criminal Law of Lagos State, 2011 and Section 27 (b)(1) of the Firearms Act, Cap 28 Laws of the Federal Republic of Nigeria, 2011.

Their pleas were not taken by the court for the offences.

However, a senior state counsel, Femi Adamson, who came from the Office of the Attorney General of the Federation, invoked a section of the law to take over prosecution from the police.

He said, “I am a senior state counsel and I want to take over the prosecution of this case. This is pursuant to Section 211 (1b), (2) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”

The leader of the police team from the legal department of the State Criminal Investigation Department, Godwin Osuyi, said it was not right for the case to be taken from the police since the police had only sought to remand the defendants in custody pending legal advice.

Osuyi, after agreeing to step aside, said, “Before I step aside, I wish to state that they were brought before this court for remand. They have not been formally charged.”

But the court ruled that since the case belonged to the state, it could take charge of it at any time.

The state prosecutor, Adamson, thereafter applied for the remand of the three defendants in custody, citing Section 264(1) of the Administration of Criminal Justice Law of Lagos State, 2011.

However, the leader of the seven-man defence team, Taiwo Ajala, opposed the application for remand.

According to him, there were no allegations before the court, but mere rumours, which should be struck out.

He said, “So far, what are before your honour are not charges, but mere rumours, which have no place in a court of law. These rumours have been elevated to the point of allegations.

“To raise rumours to allegations, one would have expected the prosecution to depose to an oath so that the court can look into it. But this is missing.

“Accordingly, I apply that the defendants be granted bail. Jurisprudentially, the reason behind remand is if the court is not sure that the defendants will attend court proceedings from time to time.

“I crave the indulgence of this court to the social standing and circumstances of the defendants. The first is currently the special adviser to this government. The second has a lot of prefixes to his name. He was a former Commissioner for Rural Development. His impacts are felt on our roads. He was also a former Commissioner for Special Duties, while the third defendant had, at different times been a chief security officer of the state. They are all known by reputation.”

Ajala said if the defendants were not granted bail, it would affect the running of the government and the residents of the state.

After making his submissions, the prosecutor said he was not objecting to bail.

“With all due respect, bail is at the discretion of the court and the court is guided by principles. I have come to realise that these are people serving the government of the day in different capacities,” he said.

The Chief Magistrate, Tunbosun Abolarinwa, in his ruling, expressed disappointment in the prosecution for not being able to support the remand application brought before the court.

He said, “What is before the court is a remand application, but the police who brought it have not been able to support same. This is probably why the defence counsel referred to the charges as mere rumours.

“If their movement is restrained, it will bring serious discomfort to them and people associated with them and will be a disservice to the society. This court sees them as people who should uphold the law of the land and the orders of this honourable court.

“This court has confidence in their ability to show up in court.

“The reasons for remand brought by the prosecutions are not reliable and cannot sustain the charges.”

Abolarinwa granted the defendants bail on “self recognition” and ordered the prosecution to verify their addresses and places of work.

The matter was adjourned till December 11, 2014 pending legal advice from the Directorate of Public Prosecutions.

President Goodluck Jonathan’s declaration to contest for second term will hold on Tuesday (tomorrow) in six cities in Africa, United Kingdom and the United States of America,The PUNCHlearnt on Sunday.

Our correspondent learnt that while Jonathan would mount the podium at the Eagle Square in Abuja, a replica of the event would be staged in Johannesburg, South Africa; London, UK; and in four American cities of Washington DC, San Francisco, Los Angeles and Houston.

The global dimension added to the President’s declaration was said to have been sponsored by his supporters and members of the Peoples Democratic Party in the Diaspora, under the aegis of the One Nigeria Coalition.

As of the time of this report on Sunday, security had already been beefed up in and around the Eagle Square, venue of the President’s declaration.

Meanwhile, the Special Adviser to the President on Political Matters, Prof. Rufai Alkali, has said it will be unfair to deny Jonathan the right to seek re-election on account of the insecurity in the North-East.

Alkali said this in an interview with newsmen in Abuja on Sunday. He spoke at an event to mark the President’s planned official declaration.

He was reacting to claims in some quarters that the President was insensitive to the plight of Nigerians, who had been under siege by the Boko Haram sect in the North-East.

The President’s aide said his principal felt the pains of all Nigerians and had been doing everything within his powers to deal with the situation and that it was uncharitable for anyone to use the security situation in the country to deny the President the right to seek re-election in 2015.

Alkali said, “The President took his time to say he will declare well after many others have done so.

“I feel that if others were not dissuaded by the security challenges from showing interest to contest, then I think there is no valid reason that will stop a sitting President from contesting.

“It does not make sense for you to say Mr. President should not declare or should not contest because there is crisis or security challenges but you, immediately INEC releases the time-table, rush to your party secretariat to purchase the form, organise a huge rally and dance around. I think what is good for the goose is good for the gander.”

Reacting, the National Publicity Secretary of the opposition All Progressives Congress, Alhaji Lai Mohammed, said Alkali ought to advise his boss to protect Nigerians instead of trying to sell “a bad product”

“How many of our aspirants are today commanders-in-chief? Whose job is it to protect us all? Who has failed to perform this basic task of governance? I feel sorry for the presidential aides; they are labouring to sell a bad product. If I were him (Alkali) I will recommend the book ‘stopping a terrorist’ to the President,” Mohammed said.

Two days after they handed over some 42 suspected Boko Haram terrorists to the Borno state government, military officials at the 7 Division of the Nigeria Army today freed yet another set of 125 suspects after weeks of investigation absolved them of alleged complicity with the terrorist group.

The spokesman of the 7 Division, Maiduguri, Usman Sani, a colonel, told journalists during the ongoing handover ceremony that the 125 released suspects were part of the 152 Boko Haram suspects arrested in September this year.

He said after thorough military investigation, the 125 were deemed clean and had to be released.
The 125 released suspects were ferried into Maiduguri after a detour journey from Biu through Gombe, via Yobe state to Maiduguri.

One of the released detainees told PREMIUM TIMES, “We have spent over 45 days in military detention but we thank God that our lives were spared. We went through pains and suffering there, but we can’t blame them much since they still were magnanimous to release us at a time human life is no longer valued “.

Security officials had arrested several persons fleeing towns in Northeast Nigeria at the peak of the Boko Haram attacks in September.

Most of them were taken in while hiding in trucks conveying livestock to the southern part of the country.

Borno state Governor, Kashim Shettima, is yet to take delivery of the suspects as he is still being awaited to disengage from another function to receive them
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The military had on Thursday released a first batch of 42 suspects.

The 42 suspects, after months and years in detention, were cleared of all suspicions following thorough investigations.

The military said three of the 42 released suspects were foreigners from Chad, Cameroon and Burkina Faso.

Mr. Usman, who handed the freed suspects over to Governor Kashim Shettima, said they were arrested during various military raids.

Mr. Usman said each of the freed prisoners were given N100,000 to enable them continue with their normal lives as free citizens.

“We in the Nigeria army will continue to do our best in the ongoing fight against insurgency until we get rid of this problem,” he said.

Mr. Shetima commended the military for its magnanimity.

“We commend the fairness, equity and justice displayed by the Nigeria Armed Forces towards releasing anybody found not to be involved in these terrorist activities,” he said.

“Amongst them are students, tailors, mechanics, provision stores owners and of course, quite a handful of them are drivers. We have a moral obligation to ensure that these young men at this time of their lives are actively engaged. Along this line, I wish to direct the road maintenance agency to include those that are drivers as employed truck drivers, while those that are tailors should be engaged in sewing uniforms for students and pupils in line with our education transformation program.

“Those that are farmers should be given the resources to improve their farming; while the traders would be given some token in addition to what the military gave them to boost their trade. The students among them should be assisted to return to school.”

Some of the freed prisoners had spent detention times ranging from three years, two years to some months. They were full of gratitude to get what one of them, a 300-level student of Chemistry, said was another chance at life.

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marquiseT:
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