Lagos state gubernatorial aspirant, Tola Kasali, his chief security officer, Tobun Abiodun and aide of incumbent governor Babatunde Fashola- Musiliu Folami are presently at the centre of a murder case.
Here are the details
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.
....Punch
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