Kemisola Oye
JUSTICE Sherifat Sonaike of a Lagos State High Court sitting in Tafawa Balewa Square (TBS) has threatened to revoke the bail granted to an immigration officer, Mohammed Umar for his absence in court in an ongoing trial over alleged assault on his colleague on duty.
The court had granted him bail sometime in April 2023 after he was arraigned by the Lagos State government over alleged assault on his colleague on duty.
The state government had in a charge marked LD/120518c/2022 filed against Umar, alleged that he unlawfully assaulted Oluwafemi Adeyemi Badiru, by slapping him in his office and causing his nose to bleed.
The alleged assault on Badiru occurred on 30 July 2019 at the Nigerian Immigration Service Ikeja, Lagos.
The defendant had pleaded not guilty to the two-count charge.
Part of the charge reads: “That you Umar Mohammed on or about 30 July 2019 at the Nigerian Immigration Office, Ikoyi, Lagos State, in the Lagos Judicial Division did unlawfully assault Badiru Adeyemi Oluwafemi while executing his lawful official duty.”
His offence is contrary to Section 173, 174 (e) of the Criminal Law Ch. C17, vol. 3 Laws of Lagos State 2015
However, when his case was called today, counsel from the office of the Director of Public Prosecution (DPP), Mr M. A. Olateju and Mr Alaba Kuku informed the court of their readiness to proceed with the case and noted that their witneMr., Mr Oluwafemi Badru is present in court.
The court asked why the defendant was not in court, his counsel, Ms. O.F Osineye, informed the court the defendant was sick. The lawyers said the defendant called her last night to inform her of his illness.
Meanwhile, the chambers of Fadipe & Co had sent a letter to the court, stating that the immigration office has made a move for an amicable settlement of the matter, noting that appreciable progress has been made in that regard.
The letter read that, “We are pleased to report that in compliance with the much-appreciated counsel of His Lordship, Hon. Justice (Mrs.) Sonaike of the High Court of Lagos State, advising parties to explore an amicable settlement of the subject matter, appreciable progress has been made in this regard. The Nigeria Immigration Service has redeployed the nominal complainant, Mr Badru Adeyemi back to Lagos command and he has also been allowed to sit for the promotional examination that was held on the 10th of August 2023.”
Meanwhile, the court had sometime in June 2023 directed the counsel to try to resolve the matter amicably before the defendant was eventually arraigned. The court had to order the immigration service to produce the defendant to take his plea before he came to court after a number of adjournments that he was absent from court. His counsel also assured the court that he would attend trial before the court granted him bail.
The court however sought to know from the witness whether the matter was settled in their office, but the complainant answered in the negative, informing the court that he was threatened to withdraw the case in court. He further told the court that though he sat for the promotion exam in August.
This development angered the court, insisting that the defendant was not above the law. The court also observed that there was nothing before it to show that the defendant could not stand trial.
“I will revoke his bail if he refuses to show up on the next adjourned date. The only authority empowered by law that can withdraw a criminal matter is the Attorney-General. Even if the defendant brings an application, he has no power to withdraw the case from court.
“An offence has been allegedly committed, whosoever that is found culpable must be punished. We must ensure that everybody is under the law. The defendant is not above the law. Tell them that it is only the AG that can withdraw the case from the court. The defendant cannot continue to waste the precious time of the court. Why will the case be dragging.?”
Justice Sonaike therefore directed the defendant’s counsel to inform the immigration and the defendant that only the AG has the power to withdraw an ongoing trial.
The judge subsequently adjourned to 8 November 2023 for continuation of trial.
Eighteen-Eleven Media