The Nation Newspaper

Tag: Court

  • Six remanded over kidnap of Babington school girls

    A Lagos Chief Magistrates’ Court sitting in Ebute Metta, yesterday remanded six men suspected of kidnapping three pupils of Babington Macaulay Junior Seminary School, Ikorodu, in February.

    Remanded are: Emmanuel Arigidi, 37; Gift Pius, 30; Omoni Rufus Fred, 32; Owei Omobo Geofrey, 38; Akanji Seun, 38; and James Henry Segun, 29.

    Chief Magistrate I. O. Adelaja made the order following an application filed and argued by police prosecutor, Mr. Godwin Osuyi pursuant to section 264(1) and (2), of the Administration of Criminal Justice Law (ACJL) of Lagos State, 2011.

    The application, according to Osuyi, was necessary so that the defendants could be taken into custody while advice on the matter was sought from the Lagos State Directorate of Public Prosecution, (DPP,).

    He pleaded for 30 days to begin with.

    There was no objection from the suspects’ counsel, Mr. Ola Ogunbiyi.

    Consequently, Chief Magistrate Adelaja upheld the prosecution’s application and remanded all six in prison custody for 30 days.

    She also ordered the police to duplicate the case file and forward it to the DPP for advice.

    In a charge sheet marked D/13/16, attached to the remand application, the police alleged that on February 29, at about 8p.m, the suspects, while armed with AK 47s and other offensive weapons, invaded Babington Macaulay Junior Seminary School, Ikorodu, and unlawfully detained and kidnapped three students of the institution.

    The three girls allegedly kidnapped by the suspects are: Tofunmi Popo-Olaniyan, 15; Olusa Timilelun, 14; and Deborah Akintayo, 14.

    The suspects were alleged to have taken the students to their hideout in a creek between Imota and Igbokuta area of Ikorodu, before they were rescued by the police on March 6.

    The police also alleged that the men robbed the principal of the school, Venerable Ola Oluwa Adeyemi, of the sum of N5.6 million.

    Aside that, the first suspect, Emmanuel Arigidi, was also alleged to be a member of the armed gang that attacked First City Monument Bank (FCMB) at Admiralty Way, Lekki, on March 12, and carted away the sum of N24 million.

    The offences, according to the Osuyi, are contrary to and punishable under Sections 409, 269(1), and 295(2) of the Criminal Laws of Lagos State of Nigeria, 2011

     

  • Cambodia sentences Facebook user for comments

    A Cambodian Court has sentenced a university student to 18 months in prison for calling for a colour revolution on Facebook in 2015.

    Kong Raya, 25, was convicted of incitement by Phnom Penh’s Municipal Court on Tuesday, local media reported.

    Kol Preap, Executive Director of Transparency International Cambodia, said the sentence was a clear message to Facebook users, who numbered over 5 million, or 34 per cent of the population in 2015, according to USAID.

    “This particular case of Kong Raya could generate concern among Facebook users on their possible consequences for expressing political opinions or personal views on controversial issues, especially from now leading up to the elections in 2017 and 2018,” he said on Wednesday.

    The term colour revolution is usually used to describe non-violent democracy movements in former Soviet republics in the early 2000s.

    Online discussion of such movements has led to political crackdowns in countries like China.

    Kong Raya had asked his friends on Facebook in August 2015 if they would dare to make a color revolution with me,” according to the Cambodia Daily.

    He was arrested two weeks later by police from the Interior Ministry, the newspaper said.

    Prime Minister Hun Sen, who has been in power since 1997 but effectively in control for 30 years, has found that his Cambodian People’s Party is less popular with today’s youth than previous generations.

    Facebook has become a popular forum for political discussion in Cambodia, particularly among young people who are dissatisfied with alleged corruption in the governing party and the opposition.

     

  • N12b CBN fake currency fraud suspects back in court

    N12b CBN fake currency fraud suspects back in court

    The Federal High Court, Ibadan yesterday resumed hearing of the N12 billion fake currency scam case involving six Central Bank of Nigeria (CBN) workers and nine members of some commercial banks.

    The fresh commencement followed the dismissal of the appeal of some of the accused, who approached the Court of Appeal to challenge refusal to grant them bail by the Federal High Court.

    Five of the accused persons were granted bail while others were remanded in Agodi prison by Justices Nathaniel Ayo-Emmanuel and Olayinka Faji. They also accused the two judges of bias.

    The appellate court, however, threw out the appeal. But the cases being handled by Justice Faji were reassigned to Justice Joyce Abdulmali, due to the former’s transfer.

    The accused are facing a total of 31-count charge ranging from conspiracy, abuse of office, stealing to false declaration of actual amount and concealing of property.

    The CBN staff who worked at various branches of the apex bank are Patience Okoro (Abuja), Afolabi Olufemi (Lagos), Ilori Adekunle (Akure), Kolawole Babalola (Ibadan) , Olaniran Adeola (Ibadan) and Fatai Yusuf (Ibadan).

    The nine other accused persons, who work with some commercial banks and were accused of conspiring with the CBN staff include Tope Akintade, Togun Kayode Philip, Salami Ibrahim and Odia Emmanuel.

    Seven cases were filed on the fraud totaling N8 billion. They were accused of stealing and re-circulating defaced and mutilated currencies meant for destruction and substituting them with newspapers.

    Economic and Financial Crimes Commission (EFCC) counsel Rotimi Jacobs (SAN) told The Nation that the fraud involved up to N12 billion.

    At the resumed hearing before Justice Joyce Abdulmalik yesterday, the 15 accused persons pleased “not guilty” to all the charges against them in the four cases being handled by the judge.

    Their lawyers expressed readiness to file fresh bail applications.

    Justice Abdulmalik also sustained the bail conditions earlier granted five of the accused with an order that their surgeries should renew their commitment within seven days while others should be kept at Agodi prisons.

    Trial in the cases before Justice Abdulmalik will begin on May 5 while those being handled by Justice Nathaniel Ayo-Emanuel begins on April 8.

     

  • Court orders stay of proceedings in Tarfa’s suit

    Court orders stay of proceedings in Tarfa’s suit

    The Federal High Court in Lagos, yesterday, asked a Senior Advocate of Nigeria (SAN), Rickey Tarfa, to defend the criminal charge against him before pursuing civil damages against the Economic and Financial Crimes Commission (EFCC).

    Justice Mohammed Idris upheld EFCC’s preliminary objection to Tarfa’s N2.5 billion suit. He ordered a stay of proceedings till Tarfa’s trial at the Lagos State High Court was concluded.

    According to him, a substantial part of the reliefs Tarfa sought had a direct bearing on the charge against him.

    He said Tarfa’s vehicle and phones, which the SAN prayed  should be released, were listed as exhibits.

    “Also, it is clear that the information and data retrieved from the mobile handsets are to be used as evidence in the criminal charge pending before the Lagos High Court,” the judge said.

    Justice Idris said although Tarfa had the right to be heard fairly and expeditiously, his fundamental rights suit does not supersede the criminal charge.

    “It should be noted that this right does not stand above the country, the state or the people,” the judge said.

    Justice added that it would not be fair to the prosecution should Tarfa’s suit be decided in his favour before the criminal case was determined.

    He said: “There is a potential injustice that will occasion the defendants in the prosecution of the criminal charge if this suit were to proceed to judgment, and judgment was, for instance, given in favour of the applicant.

    “There is a strong possibility that this will signal the end of the criminal charge pending at the Lagos High Court. This court should not make orders that will strike violently at the heart of the criminal charge.

    “For the above reasons, I am of the view that in the light of the peculiar circumstances of this case, which is unprecedented, this is a proper case in which proceedings ought to be stayed pending the hearing and determination of the criminal charge.”

    Tarfa was charged with obstructing law enforcement agents from performing their duties and for communicating with a judge before whom he had cases.

    The Senior Advocate sued EFCC for allegedly violating his rights after he was arrested for hiding two suspects, Nazaire Sorou Gnanhoue and Modeste Finagnon, both Beninoise, in his Mercedes Benz Sports Utility (SUV) vehicle, thereby shielding them from arrest.

    He joined EFCC chair Ibrahim Magu, Moses Awolusi, who arrested Tarfa, and Deputy Director Operations, EFCC, Lagos office, Iliyasu Kwarbai, as respondents.

    Tarfa demanded N2.5 billion, sought an order of perpetual injunction restraining the respondents from further violating his rights, asked for N20 million as cost, sought an apology, and demanded the release of his vehicles, among others.

    The respondents, through their lawyer Wahab Shittu, had filed a notice of preliminary objection challenging the court’s jurisdiction on the grounds that Tarfa’s prayers following his arraignment had become academic and hypothetical.

    They said the court lacked jurisdiction to entertain the reliefs sought by Tarfa because he had been arraigned in respect of the subject-matter.

    In arguing the preliminary objection, the respondents said Tarfa was arraigned before Justice Ayisat Opesanwo based on similar facts, which gave rise to his suit. They urged the court to decline jurisdiction in view of the pending criminal charge or stay proceedings.

    Justice Idris held: “The law as it is today in Nigeria, in my view, is that there is no restriction in civil proceedings progressing in parallel with or in advance of criminal proceedings concerning the same subject-matter. Nevertheless, a court retains the discretion to stay civil proceedings during the pendency of criminal proceedings.”

    He said it would be “inelegant” for him to make any orders that could undermine the authority of another court of coordinate jurisdiction or bring the courts to “ridicule and opprobrium”.

    “Neither court should make any order that will have the ungainly effect of neutralising the effectiveness of another court,” he said. Doing so, he noted, would amount to lending a helping hand to causing confusion among the courts.

    “I have no doubt that unless this action is stayed, there is a real risk of serious prejudice which could lead to potential injustice to the defendants.

    “I think it is in the interest of justice that a stay of further proceedings is ordered pending the determination of the criminal proceedings initiated and pending before the Lagos State High Court.

    “The preliminary objection filed by the respondents, therefore, succeeds and the order is made as prayed.

    “While the order to stay proceedings subsists, the defendants shall ensure respect for the fundamental rights and liberties of the applicant as guaranteed by law, including the right to have the criminal charge prosecuted expeditiously. These are the orders of the court,” Justice Idris held.

     

  • ‎Rape suspect denies allegation, says it was a mutual consent

    ‎Rape suspect denies allegation, says it was a mutual consent

    A security officer, Kenechukwu Okonkwo who is facing a rape charge, has denied raping his lover, Faith.

    Okonkwo at the resumed proceeding Tuesday told a Lagos High Court sitting in Ikeja what transpired between him and Faith, 29, who is now alleging that he, raped her.

    The defendant is standing trial for alleged rape charge contrary to Section 258 sub section (1) of the Criminal Law of Lagos State, 2011 on or about the 27th day of December, 2013 between 10:00p.m to 11:00p.m at Salawe Street, Ikosi Ketu, Lagos.

    Led in evidence by the defense counsel, Worer Oduagbaka, the defendant told the court presided by Justice Oluwatoyin Ipaye that he did not rape Faith, but that she willingly consented that he should make love to her.

    The defendant who gave his evidence in pidgin English said he met Faith, who was one of the suppliers at the super-market where he works as a security personnel, and that they became friends and started dating.

    “Shortly after I met her, I lost my father and travelled home. When I came back, Faith came visiting and I told her everything that happened in the village. I also asked her to marry me because my mother had asked me to get married quickly being the only son and she accepted to marry me.

    “After some time, she came to my house one Sunday and told me that she is currently dating one rich man that lives in Magodo. She also told me the man promised to take care of her and her family because she told him she was a virgin. I then told her to follow her heart.

    “Few weeks after, Faith called me that she wanted to see me and I told her that I was at work and would close late. She kept calling me and when I eventually closed, I met her, already waiting for me at home around,” Okonkwo said.

    “The witness also told the court that, Faith hugged him when he returned home and they both walked to his room and she prepared noodles for him while he left to have his birth.

    “When I returned, she had already removed her clothes and hung them leaving only her tight (underwear) and singlet”.

    “We both ate the indomie she cooked, thereafter, I slot in a DVD (Love movie) and I laid on the bed. Faith later joined me on the bed and we started playing together.”

    According to the defendant, “Faith asked me to stop and asked me if I would marry her then I told her yes if she’s also ready. She then removed her underwear by herself and we made love.

    “The next day, I prepared and left for my place of work and after sometime, a man came looking for me and asked if I am Kenechukwu and I affirmed, then two policemen came and arrested me”.

    Okonkwo further told the court that he was taken to the Police station in Ikosi and the Policeman there asked him what happened and he told him everything that happened.

    “He asked if I can write and I said I can’t. The policeman wrote down all I told him and read it to me and later asked me to sign on it, and I did”.

    “The man that came to arrest me with the policemen later came and took me away to Isheri police station in Faith’s lover’s car”.

    Okonkwo told the court how another set of policemen received him at Isheri police station and informed him that the statement he made earlier will not work again.

    “A Policeman later put me in a separate room and asked for my name after which he asked me to sign a statement he wrote for me. I asked him to read it to me but he refused and started to beat me in which he removed one of my tooth in the process.”

    The defendant said he was taken to his house by the policemen who conducted a search of his house but could not find any evidence on whether he raped the victim.

    Okonkwo maintained that he did not rape Faith as she did not raise any alarm while they were making love.

    Justice Ipaye thereafter adjourned the matter till April, 13, 2016 for further hearing.

     

  • Lawyer slumps, dies in court

    Tragedy struck on Tuesday, when a lawyer slumped and died at the premises of the Lagos State Magistrates’ Court sitting in Igbosere.
    The deceased, identified only as ‘Chidi’, was scheduled to appear as defence counsel for two men: Okedairo Okedeji, 38, and Akolade Agbola, 28, who were alleged to have stolen meat and snail worth N28,000 from Southern Sun Hotel in Ikoyi, Lagos.
    The men had been arraigned on February 29, and were out on bail after meeting the conditions set by Magistrate (Mrs.) F. M Dalley.
    The deceased was due to represent them Tuesday at their trial, but he and the defendants arrived in court after the case had been called and adjourned till April 14.
    The Nation learnt that he apologised to the court for their lateness and explained that it was due to heavy traffic.
    He also tried to plead with the Magistrate for a change in the adjourned date, but in the course of pleading, he was cut short by fits of coughing and began gasping for breath.
    When the coughing would not stop, he started clutching his chest and gasping, ‘Obim!’ ‘Obim!’, the Igbo word for ‘My chest!’ ‘My chest!’
    Those around quickly helped him, unloosen his tie and helped him outside the courtroom to get fresh air.
    He pleaded that they should help him get a cab to take him home.
    As he was rushed downstairs, he appeared to have lost consciousness and one of his clients carried him on the back down the staircase.
    By the time the cab arrived he had stopped breathing.
    The apprehensive cab driver was persuaded to take him to the Lagos Island General hospital and the deceased was put in the vehicle and driven away.
    The cab driver returned returned minutes later with him to the court premises and declined to carry a corpse in his taxi for fear of police harassment.
    The Nation learnt that his corpse was eventually deposited at the Lagos Island General Hospital morgue.

  • 14-year-old teenager remanded for defiling minor

    14-year-old teenager remanded for defiling minor

    An Ikeja Chief Magistrates’ Court on Tuesday remanded a 14-year-old teenager (names withheld) at the Boys Correctional Centre, Isheri, a suburb of Lagos, for allegedly raping a five-year-old daughter of his neighbour.

    The Chief Magistrate, Mr Tajudeen Elias, who remanded the accused, over the alleged defilement, then adjourned the case to March 23, to listen to the accused’s bail application.

    The accused, a student, who lives with his parents at 2, Kao Close, Santos Estate, Dopemu, a suburb of Lagos, is facing a charge of defilement.

    The prosecutor, Benedict Aigbokhan, said the accused committed the offence on Feb. 4, at his residence’s toilet.

    “One of the neighbours, who heard the cry of the girl, had to rush into the toilet where he apprehended the accused,” the prosecutor told the court.

    The offence, according to the prosecutor, contravenes Section 137 of the Criminal Law of Lagos State, 2011.

    The News Agency of Nigeria (NAN) reports that Section 137 prescribes that any person who has sexual intercourse with a child is guilty of a felony and is liable to imprisonment for life.

    The accused, however, pleaded not guilty.

  • Court to sentence artist for ‘killing’ two persons

    Court to sentence artist for ‘killing’ two persons

    An Ikeja Magistrates’ Court in Lagos has reserved March 23 for sentencing of an artist, Olaotan Afuwape, who pleaded guilty to reckless driving and causing the death of two pedestrians.

    Magistrate E. Kubeinje remanded Afuwape, 43, at the Kirikiri Prisons after he admitted that he committed the offence.

    Afuwape was arraigned for alleged reckless driving and causing death.

    Prosecuting Inspector Essien Ndarake said the accused committed the offence on March 3 at a U-Turn in Abule-Egba.

    He said the accused drove his vehicle in a reckless manner and caused the death of two pedestrians, whose names and addresses were not yet unknown.

    “The accused drove his vehicle on a public high way in a dangerous way and caused accident that claimed the lives of two people.

    “He also caused serious injuries to one Mrs Titilayo Adekunle and Mr Lukmon Tajudeen, who are still critically ill at hospital,” he said.

    Ndarake said the accused was on high speed as he was competing with a Bus Rapid Transit (BRT) vehicle beside him.

    “The accused was driving fast because he does not want the BRT bus to overtake him.

    “In the process, he lost control and knocked down two people who were standing at the culvert to board a bus.

    “The victims died on the spot and others were rushed to the hospital,” he said.

    The offence, Ndarake said, contravened Sections 167 of the Road Traffic Act of Lagos State.

     

  • Ese Oruru: Court returns Yunusa to prison 

    Ese Oruru: Court returns Yunusa to prison 

    The Federal High Court, sitting in Yenagoa, Bayelsa State, Monday, ordered further detention of Yunusa Dahiru, alias Yellow, in Okaka Prisons, for the alleged abduction of 14-year-old Ese Oruru, following discrepancies in his bail application.

    Justice H.A Ngajiwa ruled that Yunusa should remain in prison custody pending the determination of an application seeking his bail.

    Also at the resumed hearing on the matter, the state through the police sought the approval of the court to hear Oruru’s oral evidence in camera.

    Ngajiwa made the remand order following the inability of the suspect’s five-man team of lawyers led by Kayode Olaosebikan and the prosecution three-man team headed by Kenneth Dika to present evidence of judicial precedent in their arguments during the court session.

    The judge concluded that the bail application had suffered setback because the teams of lawyers could not present to the court all authorities they mentioned in their cases as directed by the court.

    Dahiru is facing a five-count charge of criminal abduction, illicit sex, sexual exploitation and unlawful carnal knowledge of the 14-year-old Oruru.

    He was brought to the courtroom at about 10.am escorted by some prison officials.

    The Kano-born Dahiru looked pensive and lean in his green traditional Hausa attire.

    Following his stalled case, Yunusa was ordered by the judge to step out of the dock.

    The prosecution, however, brought a prayer before the court asking it to allow Oruru to be quizzed and evidence taken in camera because of her age.

    The prayer was vehemently opposed by Yunusa’s lawyers who insisted that all examinations and cross examinations must be done in the open court.

    The seven-paragraph affidavit asking for Yunusa’s bail was deposed to by Oladeji Maxwell of Olaosebikan and Co., while the prosecution affidavit rejecting the bail application was deposed to by Debo Waheed.

    The prosecution asked the court to decline the bail request by Yunusa’s legal team, which consisted of Audu Bulama, Oche Alex, Yahaya Sheriff and Huwaila Mohammed.

    In its argument opposing the bail application, the prosecution noted that it was difficult to bring Yunusa from the Muslim Council in Kano where he was first arrested.

    He argued that if the accused were granted bail, it would literally put an end to the case.

    ‘’It took the police from since August till now to get the suspect arrested. If he’s granted bail, he will not come back to this court because he is not even resident in this jurisdiction,’’ the prosecution said.

    But Yunusa’s legal team, however, argued that since it was a ‘bailable’ offence, there was nothing stopping the judge from granting the prayer of the accused.

    Olaosebikan, called on the judge to discountenance the prosecution’s resistance, arguing that the statement was even an indictment on the police legal team.

    He said: ‘’It is preposterous that a member of the police force would say that they cannot retrieve Yunusa from the Muslim council in Kano, when the members of that body are all civilians. The court should not rely on that argument.

    But Ngajiwa reserved ruling on the bail application to a later date and ordered that Yunusa should be sent back to prison.

    “Ruling is hereby reserved for the 21st of March and suspect is to be remanded in prison custody,’’ he said.

    Speaking outside the courtroom, the defence lawyers insisted that the case was that of a ‘Romeo and Juliet’, adding that the argument that the girl should be shielded during court sessions was untenable.

    ‘’Their reason is that they don’t want publicity for the girl, but our own position is that the matter is already in the public domain. The prosecution created a media nightmare for the girl. They dug the pit, let them wallow in it.

    “Our own contention is that what they are trying to prevent has already occurred. Even the trial started in the media. So they can’t stop what they started,’’ Olaosebikan said.

    During the last court session, Yunusa who was brought in handcuffs admitted impregnating the teenage girl, but pleaded ‘not guilty’ to the five-count charge.

    The police accused Yunusa of conspiring with the duo of Dankano Mohammed and one Mallam AlHassan to ‘abduct, coerce, deceive and sexually assault’ the Delta born Miss Ese Oruru.

    The police alleged that the suspect committed an offence punishable under section 27(a) of the Trafficking in persons (prohibition) Enforcement and Administration Act, 2015.

  • Court remands Lekki Gardens MD, Contractor in prison

    Court remands Lekki Gardens MD, Contractor in prison

    An Ebute-Metta Chief Magistrate Court on Friday granted the request of the Lagos State Police Command seeking to keep the Managing Director of Lekki Gardens, Mr. Richard Nyong in custody pending the conclusion of on-going investigation into collapse of a five-storey building under construction on Kushenla Road, Ikate Elegushi area of the state which killed no fewer than 35 persons.

    The court also ordered one of the contractors handling the project, Odofin Taiwo Henry to be kept in police custody at Panti alongside Nyong for the next 30 days.

    Magistrate Folashade Botoku, who granted the remand order, held that same was in the interest of justice and public safety.

    34-year-old Nyong was apprehended on Thursday, while Odofin was arrested on Wednesday.

    The building had crumbled around 3am on Tuesday with several workers trapped in the rubble.

    The state government had sealed the building, which was originally designed to be a three-storey structure but in a brazen act of defiance and impunity, the owners of the building, Messrs Lekki Worldwide Estate Limited, the promoters of Lekki Gardens, were said to have criminally unsealed the property and continued building beyond the approved floors until the unfortunate incident.

    Nyong and Odofin were brought to court at about 1pm in a black Range Rover Sports Utility Vehicle with registration number (Abuja) KWL 682 CN.

    When the case was called, police prosecutor, Godwin Osuji informed Magistrate Botoku of an ex-parte application seeking to remand the defendants beyond the constitutionally prescribed period, saying the application was brought in the interest of justice, public safety, public order and morality.

    He said in view of the circumstances of the case, it was impossible for the police to conclude the investigation within two days, hence the need for the application.

    According to Osuji, as at Thursday, 24 bodies were recovered from the scene of the incident, while others were still being recovered.

    He added that some of the relatives of the victims were still making efforts to identify their dead bodies, while autopsy is yet to be conducted.

    He said: “In view of the circumstances of this matter, it will be impracticable for us to conclude investigation in two days as there are so many agencies involved and so we have come to court in order not to run foul of the law.”

    He, therefore, urged the court to grant the request to keep the defendants in custody of the Police Criminal Investigation Department pending conclusion of investigation.

    Responding, counsel to the defendants, Bode Olanipekun orally applied for the bail of his clients.

    Olanipekun, in the alternative, urged the court to order that the police should release his clients but that they should make themselves available to police when needed.

    However, Osuji, in response, said it was trite law that an application for bail could only be filed after the defendants must have been arraigned on a criminal charge.

    He said at the moment, the police was yet to file any charge against the defendants and as such the application for bail was not yet ripe.

    In her ruling, Magistrate Botoku ruled that under Section 264 (1) of the Lagos State Administration of Criminal Justice Act, 2011, she was empowered to order the remand of a defendant as in the instant case, but that the major consideration is the justification of such application.

    She held that having gone through the facts of the case, it was in the interest of justice for the application to be granted, as there was merit in it.

    Magistrate Botoku therefore ordered the defendants to be kept at the Criminal Investigation Department Panti for 30 days at first instance, subject to variation upon further applications.

    The matter was consequently adjourned to April 12.

    An Ebute-Metta Chief Magistrate Court on Friday granted the request of the Lagos State Police Command seeking to keep the Managing Director of Lekki Gardens, Mr. Richard Nyong in custody pending the conclusion of on-going investigation into collapse of a five-storey building under construction on Kushenla Road, Ikate Elegushi area of the state which killed no fewer than 35 persons.

    The court also ordered one of the contractors handling the project, Odofin Taiwo Henry to be kept in police custody at Panti alongside Nyong for the next 30 days.

    Magistrate Folashade Botoku, who granted the remand order, held that same was in the interest of justice and public safety.

    34-year-old Nyong was apprehended on Thursday, while Odofin was arrested on Wednesday.

    The building had crumbled around 3am on Tuesday with several workers trapped in the rubble.

    The state government had sealed the building, which was originally designed to be a three-storey structure but in a brazen act of defiance and impunity, the owners of the building, Messrs Lekki Worldwide Estate Limited, the promoters of Lekki Gardens, were said to have criminally unsealed the property and continued building beyond the approved floors until the unfortunate incident.

    Nyong and Odofin were brought to court at about 1pm in a black Range Rover Sports Utility Vehicle with registration number (Abuja) KWL 682 CN.

    When the case was called, police prosecutor, Godwin Osuji informed Magistrate Botoku of an ex-parte application seeking to remand the defendants beyond the constitutionally prescribed period, saying the application was brought in the interest of justice, public safety, public order and morality.

    He said in view of the circumstances of the case, it was impossible for the police to conclude the investigation within two days, hence the need for the application.

    According to Osuji, as at Thursday, 24 bodies were recovered from the scene of the incident, while others were still being recovered.

    He added that some of the relatives of the victims were still making efforts to identify their dead bodies, while autopsy is yet to be conducted.

    He said: “In view of the circumstances of this matter, it will be impracticable for us to conclude investigation in two days as there are so many agencies involved and so we have come to court in order not to run foul of the law.”

    He, therefore, urged the court to grant the request to keep the defendants in custody of the Police Criminal Investigation Department pending conclusion of investigation.

    Responding, counsel to the defendants, Bode Olanipekun orally applied for the bail of his clients.

    Olanipekun, in the alternative, urged the court to order that the police should release his clients but that they should make themselves available to police when needed.

    However, Osuji, in response, said it was trite law that an application for bail could only be filed after the defendants must have been arraigned on a criminal charge.

    He said at the moment, the police was yet to file any charge against the defendants and as such the application for bail was not yet ripe.

    In her ruling, Magistrate Botoku ruled that under Section 264 (1) of the Lagos State Administration of Criminal Justice Act, 2011, she was empowered to order the remand of a defendant as in the instant case, but that the major consideration is the justification of such application.

    She held that having gone through the facts of the case, it was in the interest of justice for the application to be granted, as there was merit in it.

    Magistrate Botoku therefore ordered the defendants to be kept at the Criminal Investigation Department Panti for 30 days at first instance, subject to variation upon further applications.

    The matter was consequently adjourned to April 12.