A Chief Magistrates’ Court in Yaba, Lagos has struck out bail granted to four suspected killers of a member of the All Progressives Congress (APC), Ifeanyi Godfrey.
The cancellation was a follow-up to supplementary advice issued on the matter by the office of the Department of Public Prosecution (DPP).
The DPP held that the Magistrate Court has no jurisdiction to trial the murder case.
According to the supplementary advice referenced LJP/MISC/2021/155/19/37 and dated 28th February, 2022, the matter is to be tried at the High Court.
The advice signed by the Director of Public Prosecutions, Dr Babajide Martins on behalf of the State Attorney General and Commissioner for Justice reads, “I am directed to refer to your letter with Ref. No.CB:3514/X/LEG/SDPP/VOL.5 dated 20th of September, 2021 and the accompanying duplicate case file forwarded to this office for legal office advice.
We also refer to our Legal Advice dated 13 December, 2021 with Reference No: LJP/MISC/2021/155/19 wherein we advised that; ‘In view of the above, this office shall prosecute PG B6-Atunrase Sodiq, PG B10-Shittu Michael Olawale, PG B12-Olaide Opeifa and PG B13-Olanrewaju Adebiyi AKA “Maja” for offences bordering on conspiracy to commit felony, conduct likely to cause breach of peace, wilful damage to property, grievous harm, murder and being members of unlawful society contrary to sections 441, 108 (D), 350, 245 and 223 of the criminal law ch.C17, Vol.3, laws of Lagos State 2015 and Section 2 of the unlawful society and cultism (prohibition) law 2021 respectively.
Upon a further re-examination, particularly as regards the appropriate sentences of the offences, which facts exist against the Suspects, especially the offence of murder, it became imperative to issue this supplementary legal advice, especially as it relates to the appropriate court the suspects would be tried.
In view of the aforesaid, this office shall prosecute the suspects for the offences of conspiracy to commit felony, conduct likely to cause a breach of peace, wilful damage to property, grievous harm, murder and being members of an unlawful society contrary to sections 411, 168 (D), 350, 245 and 223 of the criminal law of Lagos State 2015 and section 2 of the unlawful societies and cultism (prohibition) law 2021 respectively.”
Adhering to the advice, Chief Magistrate Adeola Olatunbosun, on March 1, 2022, while expunging the bail granted to the four murder suspects said, “…As such I state I do not have jurisdiction over this case and as such cannot grant bail (to the suspects). The proceedings of 23rd February, 2022 stand expunged from the record. The defendants are to remain in custody pending report of filling at the High Court. The DPP’s office is to serve copy of this order on all parties via Counsel.”
The case is further adjourned to 21 March 2022 for report of High Court filing.
Chief Magistrate Adeola Olatunbosun of the Yaba Magistrate Court had admitted the suspects fingered in the murder of 52-year-old Ifeanyi Godfrey on the 16th April 2021 to bail in the sum of N300, 000 with 2 sureties each in the like sum.
The suspects are Atunrase Sodiq Omolabi ‘M’ 28 years, Shittu Michael Olawale ‘M’ 28 years, Olaide Opeifa ‘M’ 40′ years, and Olanrewaju Adebiyi aka Maja ‘M’ 35 years.
Counsel to the plaintiff, Barr Emmanuel Odeh while reacting to the decision of the court stated, “The earlier decision of learned Chief Magistrate is not only morally offensive and irritating to the appellant but also and an abuse of office, judicial rascality and a contravention of Lagos State Magistrate’s Court Laws.”
Meanwhile, a prominent politician and Chairman of the Western Funeral Home Limited where Godfrey worked until his death, Hon Oluwatosin Onamade had sought reliefs that the magistrate court lacks jurisdiction to try the charge.
“I have sought an order that the magistrate court excuses itself from the proceeding of the murder charge on the arrival of the legal advice preferring a murder charge against the defendants as it lacks jurisdiction to do so,” he said.
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