The suspects, Rasaq Akinwale, aka Shanko, and Yomi Adedayo are standing trial before Chief Magistrates Folashade Botoku on a four-count charge bordering on attempted murder and threat to life.
The duo and six others were alleged to have attempted to kill Ibrahim Mustapha, a former Chairmanship aspirant in Kosofe Local Government Area of Lagos with a knife and other dangerous weapons, on October 4 at Anthony Village in Lagos during the APC National Assembly Primaries.
At the resumed hearing of the matter before the court, the suspects were absent in court when the matter was called. Also, the Police Prosecutor was not present when the matter was called.
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The defence counsel, Mr Bolaji Benson informed the court that the defendants had been released from prison custody on the day the Director For Public Prosecution, (DPP) advice was issued.
“My lord, we understand that the suspects whom the court ordered their remand at the last proceedings have been released from custody the day the DPP advice was issued. We, however, don’t know who released them because the court gave order for their demand and I think the same court should also give order for their release.
“We are surprised at the turn of event, how can suspects go home from custody without the knowledge of the court? Now the prosecutor is not even in court to give any explanation on the whereabouts of the suspects,” he said.
In a short ruling, Chief Magistrates Botoku struck out the matter, saying there is nothing she could do on the matter again since the suspects are no longer in court and they have been released from custody.
“The DPP has issued advice saying that the suspects have no case to answer, the suspects are not even in court, so we don’t know who released them.
“I am aware that a petition has been written to the Attorney General in respect of this case and it’s even in the media, but I can’t say how the suspects were released. In relation to this development, the court shall be striking out the matter, she said.
It would be recalled that counsel to Hon Ibrahim Mustapha, in a three-page petition, had alleged that the DPP, after the court had ordered the remand of the suspects purportedly issued a legal advice in the same matter on a date which coincided with the same date the case file in Charge B/103/2018 was sent to the said office.
In the petition addressed to the Attorney General of the state, the Inspector General of Police and others, he had stated through his lawyer, Bolaji Benson that the legal advice reads and covers names of three individuals (including Ganiyu Sanni Okanlawon) whereas only case files of two persons were sent to the office of the DPP by the Police Prosecutor.
The council also stated that their disdain became heightened when they had an opportunity to peruse the most disappointing, unreasonable and illogical legal advice purportedly issued by the highest prosecuting office in the great state of Lagos State.
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