Wednesday 12 November 2014

Police Docks Ex-Lagos Commissioner For Murder

Police Docks Ex-Lagos Commissioner, Others For Murder


The Police in Lagos yesterday arraigned a former commissioner for Special Duties in the state, Dr. Tola Kasali and two others before a Lagos State Chief Magistrate Court sitting in Ebute-Metta on a three count charges of conspiracy, illegal possession of fire arm and murder.

Other arraigned alongside Kasali, who is also a governorship aspirant, under the platform of the All Progressives Congress (APC) are Folami Musiliu, a Special Adviser to the Lagos state government, and one Tobun Abiodun Lukman.

However, the pleas of the accused persons were not taken after the charges were read to them by the court's registrar because the Magistrate Court is not constitutionally empowered to trial the offence.

The charges according to the police are punishable under sections 231, 211, 409 and section 27 (b)(1) of the fire arm Act. Cap 28 laws of the federation of Nigeria, 2011.

The accused persons were alleged to have conspired among themselves with some others bow at large, to killed on Musiliu Ogboye Lamidi, on November 9, Akodo, Ibeju-Lekki.

They were also alleged to have been in possession of a pump action Avar Magnum gum with number 6381, without appropriate authority.

After the arraignment the police prosecutor, G. O. Osuji informed the court that there is a remand application from the police seeking for the remand of the accused pending an advice from the Directorate of Public Prosecution, DPP.

But just after Osuji moved his application, a senior State Counsel from the state's Ministry of Justice, Femi Adamson, also announced appearance and told the court that the state wishes to take over the prosecution of the case from the police.

Though the police prosecutor initially opposed the move stating that the matter before the court was an application for remand and that the state can only take over the case if the accused have been properly arraigned, he later conceded to the state's counsel's request and step down from the matter.

Following his withdrawal, Adamson informed the court that he also have an application for the remand of the accused persons in prison custody pending when the DPP will issue an advice on the matter.

But counsel to the accused persons, Taiwo Ajala prayed the court to grant his clients bail on self-recognition because of their social status.

The lawyer informed the court that the first accused, (Folami Musiliu), is a Special Adviser to the Lagos state government, and the second accused, (Tola Kasali), was a former Commissioner for Rural Development, and later for Special Duties, while the third accused (Tobun A. Lukman), is a Chief Security Officer to political bigwig in the state.

Ajala also described the charges against the accused persons as mere rumour and that the accused are still presumed to be innocent until otherwise proven by the law court.

He added that remanding the accused will draw back the good works they are rending to the state.

After his submission, the chief magistrate in his ruling stated; "what is before the court is a request to remand. The police that brought the case has refused to support same with proof of evidence, this is why the defendants' counsel referred to the application as a mere rumour.

"If the accused movement is curtained, it will bring serious discomfort on them and those associate with them. The court of law should be seen to be doing justice. The reasons given by the prosecution are not reliable and cannot sustain the charge.

"The defence counsel asked for bail based on the social standing of the accused persons and the court sees the accused as those who will uphold the law and order of the land, hence, the court have confidence in their ability to show up in court when they are needed.

"So, they are hereby granted bail on self-recognition," the Magistrate held.

The court, however, ordered the prosecution to duplicate the case file and forward it to DPP for advice, before adjourning the case till December 11 for DPP's advice.



 

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