Thursday, 4 December 2014

Fisherman, Who Killed Colleague With Paddle Over N3, 500, Appears In Court

Fisherman, Who Killed Colleague With Paddle Over N3, 500, Appears In Court

The Police in Lagos on Thursday arraigned a 37 year-old fisherman, Taiye Agbaje, before a Lagos Chief Magistrate Court, sitting in Oyingbo area of the state, for allegedly killed his colleague, Monday Ukoro, during a fight over N3, 500.

Agbaje, was accused by the police of killing the deceased on August 13, at  about 1 p.m., at Ogbun Village, Epe, Lagos, by hitting him on the head with a paddle.

The charge against the fisherman reads; "that you Taiye Agbaje, on 13th day of august, 2014, at Ogbun village, Epe, Lagos,  in the Lagos magisterial district, did unlawfully killed one Monday Ukoro, aged 29, by hitting him with paddle on his head, and thereby committed an offence punishable under section 221 of the criminal laws of Lagos state of Nigeria 2011."

The accused person plea was not taken, because the Magistrate Court is not constitutionally empowered to trial a case of murder.

The prosecutor, Inspector Richard Odigie, while moving the remand application, which he said was in pursuant to section 264 of Administration of Criminal Justice (ACJ) law of Lagos state, 2011, urged the court to remand the accused in prisons' custody for 30 days, to enable the office of Directorate of Public Prosecution to issue a legal advice on the matter; and to enable the police recover the object (paddle), used in the commission of the said crime.

However, counsel to the accused, Mrs. Melda Adebambo, urged the court to discountenance the application, and grant the accused bail.

Adebambo hinged her objection to the remand application on section 264(9) of ACJ, which she said permit the court to look into the face of the charge, and grant bail to the accuses.

Responding, the prosecutor said that what was before the court was a remand application, and that the accused person has not been properly charged.

He added that it is only when the DPP advise has been obtained that the prosecution can determined the offence the accused person will be charged for.

In a bench ruling, Magistrate k. A. Ariyo, upheld that the prosecutor's submission and ordered that the accused person be remanded in prisons custody, pending the time the DPP will issue an advice on the matter.

Before adjourning the case to January 7, 2015, She ordered the police to duplicate the case file and forward it to the DPP for advice.

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