The Lagos State Directorate of Public Prosecutions (DPP) has declared that it has established a case of armed robbery against suspected members of a robbery gang who had earlier been docked before a Chief Magistrates’ Court, sitting in Yaba, Lagos, presided over by Chief Magistrate P. E. Nwaka.
The DPP, who made this known through Legal Advice addressed to the Assistant Inspector General of Police (AIG), Department of Finance & Administration, Zone 2 Command Headquarters, and of which a copy was made available to the presiding Chief Magistrate, argued that after painstaking analysis of the facts contained in the duplicate case file, the Defendants have a case to answer.
The Legal Advice was signed by the Lagos State Director of Public Prosecution, Dr Babajide Martins, on behalf of the Attorney-General and Commissioner for Justice, Lagos State.
Specifically, the Legal Advice had indicated that a prima facie case was established against some of the Defendants.
While proceedings on the matter lasted, the prosecutor intimated to the court that the Legal Advice from the office of the Directorate of Public Prosecution (DPP) indicated that the Defendants have a case to answer and that the Magistrate Court has no jurisdiction over the matter.
The Legal Advice, reads: “I am directed to acknowledge receipt of your letter with Reference Number CB 3514/ZN 2/X/LEGAL/Z2MU/VOL01/182 dated 19th August 2022 and the accompanying duplicate case file forwarded to this Office for Legal Advice.
“After a careful consideration of the facts contained in the duplicate case file, this Office is of the view that there are sufficient facts to establish offences of Conspiracy to Commit Robbery, and Armed Robbery: contrary to Sections 299, and 297(2) of the Criminal Law, Ch C.17, Vol.3, Laws of L Lagos State, 2015 against Page B9—Sunday Alabogu (M), Page B12—Sylvester Nwajagu, and PAGE B16—Felix Onyema. Receiving Stolen Property contrary to Section 328 of the Criminal Law against PAGE B5 – Nnailo Celestine & PAGE B9 – Onu Obinna, while Transfer of criminal proceeds to Nominee contrary to Section 333 of the Criminal Law against PAGE 87—Blessing Felix.
“Page B1 (Emmanuel Bassey), Page 3—Innocent Akabueze, Page B4 (Ejimofor Pius Chukwuma) Odo Vincent Chinedu, Onyedika Vincent, Nwajagu David, Ogunrinde Francis Femi, Akintunde Saheed and Utaegbulem Jerry T should be released if in police custody as no prima facie case has been established against them.”
The DPP equally suggested to the police to intensify effort in ensuring that ‘Jungle’ and others involved in the robbery are apprehended and prosecuted.
The Zone 2 Command Headquarters of the Nigerian Police had arraigned the suspects before the Chief Magistrate Nwaka-led court.
The suspects are Blessing Felix Onyema (F), Sunday Alabogu, Sylvester Nwajagu (M), Celestine Nnailo (M), Obinna Onu (M), Onyedika Vincent (M), and Odo Vincent Chinedu.
While the suspects were being arraigned, the lawyer for the prosecution, Williams Ologun, notified the court that the suspects unlawfully conspired among themselves to commit Felony to wit robbery and thereby committed an offence contrary to Section 299 and punishable under Section 297 (2) (a) (b) of the Criminal Law of Lagos State of Nigeria 2015.
Ologun further notified the court that the suspects armed with guns allegedly stole sixteen drums of Starlight, 96 Core Optic Fibre Cables valued at N80,000,000 (Eighty Million Naira) property of Jus Partners Cosmopolitan Limited and thereby committed an offence contrary to Section 296 and punishable under Section 297(1)(2}(a)(b) of the Criminal Law of Lagos State of Nigeria 2015.
Ruling on their bail application, Chief Magistrate Nwaka admitted the 1st Defendant to bail in the sum of N200,000 with 3 sureties in like sum.
The 4th, 5th, 6th and 7th Defendants were granted bail in the sum of N500,000 with 3 sureties in like sum and three years tax clearance.
While the 1st, 4th, 5th, 6th and 7th are admitted to bail, they are all to report on every 2nd and 4th Mondays at Zone 2 Onikan Lagos.
In reviewing the case file, Chief Magistrate Nwaka declared that the only nexus of the 1st Defendant to the entire charge was that monies were received in her bank account which were proceeds of crime.
But, the court did not take the plea of the 1st, 2nd and 3rd Defendants because it lacks jurisdiction over the matter.
The Magistrate ruled that the 2nd and 3rd Defendants are to be remanded in prison facility for the first 30 days pending the duplication of the case file at the office of the Directorate of Public Prosecution for advice.
Barrister O.O. Ogunleye appeared for the complainant as counsel holding watching brief.
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