Posted by By OLA AGBAJE and MUYIWA ODU on
Following advice of the Lagos Director of Public Prosecution (DPP) that absolved the two leaders of Oodua Peoples Congress (OPC), Dr Fredrick Fasehun and Otunba Gani Adams, a Lagos High Court Monday, ordered their release from prison custody immediately. The OPC leaders were ordered released after 19 days in detention.
Following advice of the Lagos Director of Public Prosecution (DPP) that absolved the two leaders of Oodua Peoples Congress (OPC), Dr Fredrick Fasehun and Otunba Gani Adams, a Lagos High Court Monday, ordered their release from prison custody immediately. The OPC leaders were ordered released after 19 days in detention.
Also affected by Justice Sybil Nwaka's release order were 11 persons suspected to be members of the National Union of Road Transport Workers (NUTRW).
The court order was sequel to an oral application made by the two leading defence counsels, Chief G.O.K Ajayi (SAN), representing Fasehun and those arrested with him, and Oluwole Kehinde representing Adams and those arrested with him.
Prior to the request for the immediate release of the OPC leaders, the counsel withdrew their applications for bail, which was slated for hearing yesterday before the release of the DPP advice last Friday.
In acceding to the requests of the two defence counsels, the trial judge noted that the application was not opposed by the state counsel.
Others arraigned before a Lagos Chief Magistrate Court on October 27, 2005, along with Fasehun and Adams, included Chief Muraino Komolafe, Oluwatoyin Oshoba, Samsudeen Opeloyeru, Aremu Niyi-Oba, Edward Ajayi Olusola, Alhaji Mudashiru Adeniji, Chief Wahab Isiaka and Oyinlola Awe.
On the day of their arraignment the magistrate's court, presided over by Mr Akintunde Isaac ordered their remand in prison custody inspite of spirited moves by their counsel to stop their incarceration. The magistrate had held that the prosecution had established the procedural requirements to obtain his consent to remand the accused persons in the prison custody.
In absolving the accused persons, who were arrested on their alleged involvement in a motor park fracas at Iyana-Ipaja area of Lagos on September 23 and October 21, 2005, the DPP noted that there was no concrete evidence to link the suspects with the alleged crimes.
The DPP observed that having painstakingly and meticulously examined the entire case file, comprising the numerous statements, including the statement of the suspects, "what we do not have is a proof and concrete evidence which should of course include the exact identity of the perpetrators of the crime."
According to the report signed by the deputy DPP, Mrs O. Odugbesan, "the prosecution must prove the death of the person the accused is said to have killed, the cause of death and that it was the act of the accused that caused the death of the deceased.