Murder: Court Rejects Police Request To Withdraw Criminal Charge Against Suspects

The request of the Nigeria Police to withdraw a criminal charge against kazeem Jinadu alongside two others over the alleged murder of the late Muda Balogun has been thrown out. 

Magistrate K. K. Awoyinka of a Lagos State Magistrates' Court in Tinubu turned down the request while delivering a ruling on the matter.

It would be recalled that the Nigeria Police had docked Kazeem Jinadu, Maaru Amisu and Oluwatobi Ajao Tunmise, before the court on six counts which borders on murder, an offence punishable under Section 411 of the Criminal Law of Lagos State of Nigeria 2015. 

In the charge, Jinadu Kazeem a.k.a. Goroso, Maaru Amisu, and Oluwatobi Ajao Tumise a.k.a. 5O cent and others now at large, on September 28, 2022, at Iyana-Iba Area of Ojo LGA Lagos In the Lagos Magistrate District, 'conspired among yourselves to commit felony to wit; murder and thereby committed an offence punishable under Section 411 of the Criminal Law of Lagos State of Nigeria 2015.'

However, the accused persons, whose pleas were not taken, prayed to the court to be granted bail through their counsel, N. S. Nwosu (Mrs).

But the Magistrate dismissed the oral application and ordered the police to duplicate the case file for the Directorate of Public Prosecutions (DPP) Advice.

Meanwhile, the court, which was still awaiting the report of the DPP over the said murder charge witnessed a different unexpected drama when the police prosecutor in charge of the case, Stephen Moro, brought a letter before the court dated February 2, 2023, from the Office of the Inspector General of Police (IGP) Alkali Baba, requesting for the ongoing case file already before the DPP to be withdrawn.

Specifically, Moro referred to Section 73 of the ACJL of Lagos State to ask for the discontinuation of the trial.

In challenging the request for the murder charge to be discontinued, counsel for the complainant, Mubashir Babatunde Oshodi, urged the Magistrate to disregard the letter and the application to withdraw the charge as its aim at perverting justice.

Oshodi further argued that it was an obstruction to the Administration of Criminal Justice Law of Lagos State.

Ruling on the application, Magistrate Awoyinka, who cited a plethora of legal authorities, declared that the letter is not quite sufficient to quash the charges, adding that in the interest of justice, she does not have any power to withdraw the same talkless of an IGP.

The matter has been adjourned until February 13, 2023, for the DPP's Advice.

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