Justice E.O. Ashade of a Lagos State High Court sitting at Tafawa Balewa Square has struck out a N167,886,591,60 theft charge preferred by the police against an Oyo State Local Government Council official, Badmus Adesina and a lawyer, Ibukunoluwa Konu, following a Director of Public Prosecution’s (DPP) report absolving the duo of the offence.
Justice Ashade struck out the charge marked LD/11439C/2020 and discharged Adesina and Konu of charges bordering on theft, forgery and conspiracy.
The police in the charge had claimed that the defendants stole N167,886, 591, 60 from the Estate of the Late Godfrey Konu and conspired to commit the offences of stealing, forgery and making of documents without authority between 2009 and 2019.
It was further alleged that the defendants forged a letter of attestation of marriage certificate purportedly issued by the Ibadan South East Local Government Council of Oyo State and a letter titled, ‘Marriage Certificate’ issued by a magistrates’ court in Ibadan.
However, a legal advice dated November 23, 2020, by Mrs A.O.Adeyemi, the Director of Public Prosecution, stated that no prima facie case had been established against the defendants.
The report had held that what transpired between the defendants was strictly official and there were documents showing that Adesina applied for the certified true copy of the marriage certificate.
It noted that no document had been forged, adding that the issuance of the letter of attestation by Adesina was part of his duties.
Following the DPP’s advice, Justice Ashade struck out the charges against the defendants. While ruling on the defendant’s application, Justice Ashade held that: “The prosecution has not opposed the application; he equally submitted that the power of the police to prosecute is subject to the Attorney-General of Lagos State.
“In view of there being no opposition to the application by the defendants to be discharged upon striking out of the charge against them by the prosecution and position of law in the matter, I, therefore, order that the charge against the defendants is hereby struck out for non-prosecution and the defendants are hereby discharged,” the court held.
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