Murder allegation: Lagos court releases cop after 10 years in detention

A Lagos State High Court, situated at Tafawa Balewa Square, has issued an order for the release of police officer Gabriel Enejo. Enejo had been in detention for ten years over his alleged involvement in the death of Azeez Omotosho in the Oshodi area of the state.

Justice Ibironke Harrison, after considering the application presented by the defendant’s lawyer, Nurudeen Yusuf, discharged Enejo due to a lack of diligent prosecution. The judge stated that the prosecutors failed to establish proof of murder against the accused person.

Enejo, who served at the Ikeja Police Station, was arrested on November 2, 2013, following allegations of murdering Azeez Omotosho at Ajisegiri Street, Shogunle, Oshodi, Lagos State. The incident reportedly occurred when Enejo responded to a distress call regarding a brawl in the Oshodi area of Lagos.

During the hearing of his case on November 9, 2023, Enejo recounted that while attempting to disarm a hoodlum involved in the fight, a mob attacked and stabbed him in the head. He further explained that the mob tried to seize his AK-47 rifle, and as he struggled with them, it fell and discharged. Enejo claimed he only learned about Omotosho’s death upon returning to the police station.

Enejo spent 237 days in police detention before being taken to Ebute-Metta Magistrate Court for remand proceedings on June 26, 2014. Despite the court denying his bail application and ordering his remand at the Ikoyi Custodial Centre, Lagos, the prosecutors failed to bring Enejo to court for proper arraignment, leaving him in prison.

Relief came when human rights lawyer and Executive Director of the Foundation for Public Interest Law and Development (FPIL&D), Yusuf Nurudeen, filed an application for the enforcement of Enejo’s fundamental rights on December 31, 2021, before the Lagos State High Court.

Subsequently, the Director of Public Prosecution in Lagos filed charges against Enejo on August 22, 2022, and he was arraigned before Hon. Justice Harrison on June 8, 2023. Despite the court ordering accelerated hearing, giving the prosecution four months to present its case, they failed to provide any witnesses to prove the murder allegation.

The defendant’s counsel, Nurudeen, appealed to the court to strike out the matter due to a lack of diligent prosecution, citing Section 35 of the 1999 Constitution of the Federal Republic of Nigeria and Section 232 of the Lagos State Administration of Criminal Justice (Amendment) Law 2021.

In her ruling, Justice Harrison held that as it was evident the prosecution had no visible means of proving their case with a witness, the court was constrained to strike out the charges against the defendant and discharge him.

Reacting to the judgment, Nurudeen expressed his delight that Enejo has finally been set free after suffering incarceration for 10 years. He added that his organization would continue to fight against the violation of fundamental human rights and assist those in need to get justice.

 

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