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How Lagos AG, DPP frustrate prosecution of suspected criminals

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Adeniji Kazeem, Lagos Attorney General and Commissioner for Justice says it would prosecute the truck owner and driver that caused the Otedola accident

Adeniji Kazeem, Lagos Attorney General and Commissioner for Justice have used his veto powers to dispatch crucial criminal cases

Some Lagos-based lawyers are claiming that all is not well between the Attorney-General of Lagos state and the Lagos Police Command following series of discontinuance of criminal cases with overwhelming evidence against the suspects.

The protesting lawyers led by Mr. Olayinka Ola-Daniels have argued that the Attorney General has failed to give good reason(s) cases with frightening evidence should be discontinued.

Olayinka told the court that the matter was of public interest and that the Attorney General ought not to discontinue such matter without giving any reason to the court.

Also protesting are prosecutors from the State Criminal Investigation and Intelligence Department (SCIID) and other legal units of Nigeria Police Force.

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They are sad that in spite of the hard work and the hope that the society will be free from criminal activities, their efforts often end up in frustration.

It was gathered that many suspects that have been charged to court for various criminal offences have either been discharged or given lesser charges through the advice of Director of Public Prosecution (DPP).

Many are of the view that prosecution of suspected criminals under the Attorney-General and Commissioner for Justice, Adeniji Kazeem and the newly appointed Director of Public Prosecution (DPP), Titilayo Shitta-Bay (Mrs), have been weakened.

Titilayo Shitta-Bay has been accused of pushing for discontinuance of cases with evidence

Not long ago, some lawyers staged a protest in open court at Ikeja, against discontinuation of alleged $8.8m criminal suit against a British citizen, Deepak Khilnani and an Indian, Sushil Chandra by the Lagos State Attorney-General.

This has raised issues bordering on the power of the Attorney General to discontinue a criminal case, ‘the nolle prosequi of AG’.

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Justice Oluwatoyin Ipaye of a Lagos High Court had on July 13, 2017 struck out charges preferred by the state against the duo of Khilnani and Chandra, describing it as frivolous.

The order was as a result of the notice of discontinuance filed by the state Director of Public Prosecution, DPP, Mrs. Titi Shitta-Bey subsequent to a review of the case by the AG, Adeniji Kazeem.

The 1999 Constitution of the Federal Republic of Nigeria as amended in section 211(1)(c) empowers the AG to take over a case and also discontinue it at any stage provided judgement has not been delivered.

Similarly, Mrs Titilayo Shitta-Bey advised that the charge of armed robbery leveled against a property developer, Felix Ezeamama be dropped has sparked a controversy among stakeholders in the Lagos judiciary.

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Ezeamama had been charged on allegations of armed robbery and attempted murder and the police had stated a case with overwhelming evidence which was presented to the Office of Directorate of Public Prosecution.

A Lagos Chief Magistrate’s Court sitting in Igbosere, had on 30 May 2017 ordered the remand of Felix Ezeamama in prison over alleged armed robbery, attempted murder and unlawful damages.

Chief Magistrate Abimbola Komolafe (Mrs) gave the order following a remand application filed by the State Criminal Investigation and Intelligence Departing (SCIID) Panti Lagos.

But the DPP allegedly gave a legal advice directing that Ezeamama be charged for illegal demolition of the property, assault and stealing contrary to the charge presented in court by the police based on investigations.

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The DPP had based her advice on the fact that the complainant, a retired civil servant continued to reside inside a Federal Government building four years after retirement.

But, the police had said that the complainant was lawfully allocated Flats A and B of ‘Block A bungalow’ at 41, Alfred Rewane Road, Ikoyi, Lagos, and had been living there before and after retirement from the Federal Civil Service as a principal accountant.

The police had alleged before the court that the suspect with others now at large, while armed with dangerous weapons, such as guns, cutlasses and sledge hammers invaded a property located at 42, Alfred Rewane Road, Ikoyi, Lagos, and demolished it.

Police had also revealed that in the course of demolishing the said property, the suspect attempted to kill one Alhaja Halima Abubakar (Mrs), and her 91-year-old mother.

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The suspect also carted away £7000, $5000 and N5 million as well as some jewellery.

The complainant following the DPP advice is alleging that the change in charge is a miscarriage of justice as she could have lost her life and that of her 91-year old mother during the attack.

She noted that they both had to undergo knee surgeries following the injuries sustained during the attack.

Similarly, on 19 July 2017, an online newspaper, The News and other online medium reported that a firm dragged the Attorney-General of Lagos State before a court over conflicting DPP’s advice.

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In the news report, the former director of DPP who is now a judge had ordered prosecution of the suspects arrested in the crisis that rocked the estate, and the suspects have been arraigned before and Igbosere Chief Magistrate’s Court.

But before the commencement of the trial of the suspects, another advice from the DPP under the leadership of the new director, exonerated all the suspects of the allegations against them and consequently ordered that the charge against them be struck out.

Prior to the above cases, there was the exoneration of a former council chairman and Commissioner in Lagos State, Dr. Tola Kasali and three others charged before an Ebute-metta Chief Magistrate’s Court sometimes in November, 2014, while we were preparing for 2015 General election.

Dr. Kasali and others were charged before the court on three counts charge of conspiracy, murder and unlawful possession of firearm.

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In the charge, Dr. Kasali and other were alleged to have conspired together to kill one Musiliu Lamidi, at collection center of Permanent Voters’ Card (PVC), at Ibeju-Lekki area of the state.

However, absolving Dr. Kasali and others, the DPP under the leadership of Mrs. Olabisi Adegbesan who is now a judge, and the then Attorney-General, Ade Ipaye purged them of the allegations and the charge against them was discontinued.

With this development, police prosecutors who did not their names to be mentioned urged the Lagos government to take a drastic step to stop the issuance of double and contradicting advice.

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