Family Petitions Rights Group, HURMA Over Police Withdrawal of Criminal Charges Without Their Consent

The Human Rights Monitoring Agenda (HURMA) said it has received a complaint petition from the family of Adesada Oganjugbe, of Epe, Lagos State over the recent threat to life of some family members and how a magistrate in Lagos court granted application for withdrawal of case from court without the consent of the nominal complaint.

Based on the petition, HURMA said it has however resolved to investigate the claims in the petition and ensure justice is achieved. While equally called on Inspector-General of Police and Lagos State Attorney-General/Commissioner of Justice to look Into the matter.

According to the petition to HURMA office on what transpired in court: titled “Re: charge number R/38/2023, C.O.P. VS SHINA ADEBISI, Before His Honour (Mrs). K. K. Awoyinka of Court 18, Igbosere In The Lagos Magistrate District.

“The case in the above charge Number was brought to Court by Zone 2 Command Headquarters on Friday, November 3, 2023 where the suspect was granted bail, remanded at Zone 2 due to Congestion of Correctional Centres and the case adjourned to November 20, 2023 for trial.

“At the resumed adjournment date on Monday, November 20, 2023, the prosecutor pleaded that he was not prepared for Trial and asked that the order remanding the defendant at Zone 2 be vacated and transferred to Correctional Centre.

“The defendant’s lawyer also informed the court that he had not make arrangements with his client on the trial. The case was adjourned to December 01, 2023 while the defendant was transferred to Correctional Centre.

“At the resumed hearing of the charge against the defendant on Friday, December 1, 2023, the O/C Legal of Zone 2 Police Command, moved motion for the withdrawal of the case on the directive of the AIG. The Magistrate, K. K. Awoyinka (Mrs.) declined the oral application and directed that a proper application should be brought before the Court. She therefore stood down the case. Thereafter, the O/C Legal brought an application for the withdrawal of the case. The Magistrate consented to the application and struck out the case without recourse to the complainant and his witnesses that were in court despite his continuous observations through raising up of his hands in the court.

HURMA, while condemned such act and promised to investigate the authenticity of the complainant’s claim. Also called on Inspector-General of Police (IGP) to investigate the circumstances that led to the withdrawal of the charge without complainant’s consent.

According to the Executive Director of HURMA Global Resource Initiative, Comrade Isiak Olaitan Buna, “the nominal complainant or Victim’s consent must be obtained before the case is withdrawn, because he is the victim who must have been traumatized with the threat to life and malicious damage by the defendant.

“For the case to be withdrawn, the Victim must be in the witness box and the Magistrate must to hear the Victim’s oral application under oath for withdrawal”.

“The nominal complainant had petitioned the Zone 2 Command when noticing a fowl play by the Divisional Police Officer (DPO) of Noforija in Epe where lives and properties of the complainant were being threatened.

“An alleged land grabber in the community was allegedly destroying properties of the family and selling their lands with full backing of the DPO. However one of the perpetrators was finally arrested, arraigned and remanded at the Correctional Center, only for the Zone 2 Command to later turned around and this was granted by the Magistrate without the opinion or consent of the nominal complainant, whose live was directly threatened.

“We pleaded with IGP and the Lagos State Commissioner for Attorney-General and Commissioner for Justice, to investigate this unwholesome act and ensure that justice is not only seen but must be seen to have been done.”