2020 – Page 2 – Lagos State Ministry of Justice

Lagos Withdraws Charges Against Naira Marley, Gbadamosi

Posted on December 23, 2020

…State demands from them, formal letter of apology Lagos State Government on Wednesday said it has withdrawn the charges against a former governorship candidate Babatunde Gbadamosi and Azeez Fashola, a musician popularly known as Naira Marley. Naira Marley and Gbadamosi were arraigned before a magistrate court, Ogba for flouting the State government’s stay-at-home directive to attend a birthday party organised by celebrity couple Funke Akindele and her husband, Abdul Rashed Bello Lagos State Attorney-General and Justice Commissioner Moyosore Onigbanjo SAN through the Director, Public Prosecution (DPP) Yhaqub Oshoala said the remorse shown by the defendants was considered in the withdrawal of the charges against them. Oshoala said the defendants are however, required to fulfil three conditions, which include; writing a formal letter of apology to the state government, give an undertaken to comply with the State government’s directive to stay-at-home and they are to proceed on a 14-day isolation as a prevention against the spread of coronavirus. He said that this is absolutely necessary “in view of the fact that some individuals who travelled from endangered countries were present at the party.” “If they agree to these conditions, the 4 count charge will be withdrawn and that will be the end of the matter. We will keep it in abeyance,” Oshoala said. Magistrate Yetunde Aje- Afunwa while agreeing to the request of government for the withdrawal of charges against the defendants noted that the state government’s conditions of withdrawal, must be accepted and complied with by the 3 defendants. “I wish to state that the procedure for the withdrawal of a criminal charge is that before the charge is withrawn, the conditions must be met or be seen to be met” she said. Magistrate Aje-Afunwa adjourned to 9th of April at 12 noon. Currently, any gathering of more than 25 people in any form is contrary to the social distancing directives by the Lagos State Government. This directive in addition to the Stay- at – home order are parts of the preventive steps to curb the spread of coronavirus in Lagos State. Few days ago, Funke Akindele and her husband were sentenced the to 14 days of community service by the Lagos State magistrate court in Ogba for hosting the birthday which had more than 20 people in attendance at their Lagos residence in Amen Estate, Ibeju-Lekki.

Court Sentences Funke Akindele, Husband To 14 Days Community Service

Posted on December 23, 2020

… to pay fine of 100,000, observe 14 days isolation. An Ogba Chief Magistrate Court on Monday sentenced Nollywood Actress, Funke Akindele Bello aka Jenifa, and her husband, Abdul Raheed Bello aka JJC Skillz to a 14 days community service. The court also fined the couple for N100,000 naira each, after which they will observe a period of isolation. The celebrity couple were earlier arraigned by Lagos State Government on a one-count charge before Chief Magistrate Y. O Aje Afunwa sitting in Ogba. The celebrity couple organised a birthday party at their Lagos residence at Amen Estate, Ibeju-Lekki which violates the 14-day lockdown directive of the State government. Lagos State Governor Babajide Sanwo-Olu had earlier barred all social gatherings of more than 20 people while advising on the social distancing to curb the spread of the global pandemic. The defendants were arrested by the police and arraigned by the State government for violating the social distancing directive to prevent spread of coronavirus. Lagos State Attorney-General/ Commissioner for Justice, Mr. Moyosore Onigbanjo, SAN who led the prosecution, urged the court to sentence the defendants accordingly, having pleaded guilty to the charge. He noted that the offence committed contravenes the social distancing directive of the government as stated in the country’s Infectious Diseases Act. The charge dated April 6, 2020, number MIK/A/43/2020, stated, “That you (1) Funke Akindele (2) Abdul Rasheed Bello on the 4th day of April 2020 at 9,Gbadamosi Close, Amen Estate, Ibeju Lekki in the Lagos Magisterial District gathered at the aforementioned address with over twenty persons contrary to the social distancing directives of Mr Governor of Lagos State made pursuant to Regulation 8(1)(a) & (b) and 17(1)“) of the Lagos State Infectious Disease(Emergency PreventionMegu/atian 2020 and thereby committed an offence punishable under Section 58 Public Health Law Cap P16 Vol.9 Laws of Lagos State, 2015. In his plea for leniency, the Defence Counsel, Mr Abayomi Alagbada said: “the defendants are first time offenders and very respectable members of the society, and two young children who need the attention of their parents and one of them is very ill” he added The Chief Magistrate Y. O Aje Afunwa found the couple guilty as charged under Section 58, Public Health Law Cap P16 Vol.9 Laws of Lagos State, 2015. In her words, the Chief Magistrate said, “You are hereby sentenced to 14 days community service for breach of social distancing directives and you are to pay the sum of N100,000 naira each as fine and thereafter to observe the period of Isolation”, she declared The Magistrate directed that the community service should start from 9am to 12pm each day. The defendants were ordered to sensitise members of the public in ten major areas in the state about coronavirus.

Lagos Inagurates Committee To Review Laws Empowering Police To Prosecute In Magistrate Court.

Posted on December 23, 2020

… Appoints Fola Arthur-Worrey As Chairman Lagos State Government on Wednesday inaugurated an advisory committee on Police Prosecutions in Magistrate Courts to review Laws enabling Police prosecutorial power. The committee’s inauguration was in response to the clamour by Non-Governmental Organizations and Stakeholders to Bar Police Prosecutions of Criminal matters at the state Magistrate in accordance to the provisions of the Administration of Criminal Justice Acts (ACJA). While inaugurating the Seven member advisory committee, Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, SAN, said the government will announce its position on the matter after the recommendation of the committee, which will be made known to the general public. Part of the Committee’s terms of reference are as follows:1. The State of Law in terms of Police Prosecutorial powers2. Challenges of oversight functions of the AG3. Distinctions in the type of offences police can prosecute4. Magistrate Court Jurisdiction on criminal matters and it’s powers to review charges5. Track the Number of criminal cases filed at the Magistrate courts in Lagos State within a given period and how many cases where successfully prosecuted6. Whether the Office of the DPP can take over prosecution in over 150 magistrate courts in Lagos7. Types and categories of cases Police prosecutors handle in the Magistrate court. He added that the members were carefully selected based on their wealth of experience in State Criminal Justice practice. Onigbanjo assured NGOs and residents in the state that government’s final decisions will be based on fairness, devoid of sentiments and bias. The Attorney-General urged the advisory committee to look beyond Lagos State in their deliberations and likewise consider the Laws of the Country inorder to give a balanced advise. “I hereby urge you to look beyond Lagos State being a Pace setter to others in your deliberation to make informed decisions in your advise. In his remarks, the Chairman of theAdvisory Committee, Fola Arthur-Worrey, commended the Attorney-General for the choice of committee members selected. Arthur- Worrey promised that the committee will put in their best to make sure they present to the government, a rational recommendation within a month. The Solicitor-General/Permanent Secretary Titilayo Shitta-Bey, in her address noted that the recommendations of the advisory committee would enhance the effective Administration of Justice in the State. The Seven member advisory committee include:Mr. Fola Arthur-Worrey – ChairmanMr. Norrison Quakers, SAN – MemberMs. Titilayo Shitta-Bey (Solicitor-General/Permanent Secretary, Ministry of Justice) – MemberMr. Yhaqub Oshoala (Director, Public Prosecutions) – MemberDSP- Yetunde Cardoso, O/C Legal Dept, Criminal Investigation, Yaba, Lagos. – MemberMr. Bayo Akinlade, NBA Ikorodu Chairman- MemberMrs. Rukayat Owolabi – MemberMrs. Arinola Momoh-Ayokanmbi – Secretary

Lagos mediation centre averts clash between community, Ikeja Disco officials

Posted on December 23, 2020

The proactive intervention by Lagos State Citizens Mediation Centre (CMC) on monday averted the brewing tension between officials of the Ikeja Electricity Distribution Centre (IKEDC) and residents of Lasori-Abuja- Ifelodun Estate Community in Ikorodu area of the state. The community had earlier petitioned the CMC, a directorate of the state Ministry of Justice, requesting for an immediate intervention over an outrageous estimated billing by IKEDC to residents of the community. “It is very clear from the foregoing that IKEDC comes up with arbitrary figures based on guess work,” the community said. “The trends of those billings are very frightening ranging from ₦12,000.00 – ₦86,000.00 especially in the month of March and April 2020 and when it became clear to us that this people are not ready to stop the outrageous billing and implement the NERC regulations, we wrote series of letters to them expressing our grievances. “We asked them to either meter us or revert to NERC billings . We were ready to dialogue with them; all our overtures to them have been embarrassingly rebuffed. Up till the time of writing of this petition we have never heard from them.” The petition further reads ” On the 2nd of June 2020, some IKEDC officials/operators led by one Mr. Abu invaded our communities with police escorts to disconnect power from our transformers claiming they have the NERC approval. Since then, we have been plunged into utter darkness. As a result of this, hordes of small scale enterprises have either closed down or recording losses” According to the Chairman, Lasori-Abuja-Ifedapo Estate Association, Ayodele Femi, the community had written to the IKEDC asking for the supply of prepaid metres to contain the billing which the community views as a corporate attempt to rip its residents off financially. He added that the letter written to the IKEDC dated 2nd of June 2020 was ignored by the company instead disconnected power supply of the community from transformers. While responding to the dispute, Director Citizen Mediation Centre, Mrs. Biola Oseni said that the centre invited the two parties, Lasori/Ifedapo Estate and officials from IKEDC for an amicable settlement. She added, the centre resolved that the IKEDC should stop estimated billings, provide the community with prepaid meters and also restore back power supply to the community. The Director noted that the centre was able to resolve the matter amicably without charges.

Court dismisses suit demanding N10 million compensation from Lagos attorney- general

Posted on December 23, 2020

The Lagos State High Court sitting in Igbosere on Thursday dismissed two suits requesting the sum of N10 Million as compensation from the Lagos State Attorney –General/ Commissioner for Justice, Mr. Moyosore Onigbanjo, SAN. Two individuals Joseph Peter and Idowu Akorede sued Onigbanjo over alleged infringement of personal liberty and violation of fundamental human rights. ‘’In both cases, Applicants prayed the court to declare that their Fundamental Right to personal liberty is being infringed upon by the State Attorney-General,” the suit read. ‘’They, therefore, asked the court to release the Applicants unconditionally and award 10 Million Naira against the respondent’’. The ruling Judge, Hon. Justice O. O Ogunjobi however dismissed the case filed by the applicants and refused to declare that the respondent infringed on their rights to personal liberty. Justice Ogunjobi instead charged the applicants for conspiracy against the Lagos attorney-general. ‘’You are hereby remanded for conspiracy to commit Armed Robbery and Armed Robbery while your request for 10 million naira compensation is dismissed’,” Justice Ogunjobi ruled.

LASG INSISTS DEMOLITION OF WORKSHOP PROPERTY WAS IN COMPLIANCE WITH COURT ORDER

Posted on December 23, 2020

The Lagos State Government has insisted that the recently demolished workshop in Ikeja area of the state was in line with the court order. The demolition of the workshop on Kudirat Abiola Way, Oregun was enforced after Lagos State Planning and Environmental Monitoring Authority, LASPEMA, an arm of the Environmental Sanitation and Enforcement Agency carried out an on-the-spot inspection following a petition received complaining of environmental pollution at the premises. Prior to the demolition, the claimants, Rotimi Olufunsho Kolawole and Anor were arrested and arraigned before the Magistrate Court for construction of illegal shanties which serves as a hideout for criminals at the workshop premises. The claimants filed a suit against the Lagos State Government alleging that the demolition of their workshop was wrongful and illegal. They subsequently claimed the sum of N27,800,000 as special damages for goods illegally carried away and the sum of N50,000,000 as general damages for paralyzing their business operation. Lagos State Attorney –General/ Commissioner for Justice, Mr. Moyosore Onigbanjo, SAN informed that the Magistrate court earlier ruled that the illegal shanties erected on the premises should be demolished and items found on the property should be evacuated to the office of the taskforce for safekeeping. The attorney-general added that the demolition and evacuation of the items on the workshop were accordingly carried out as stated by the court ruling. Justice J.Kasali of State High Court, Ikeja however, dismissed the suit filed by the claimants and declared the demolition was duly carried out in line with the enabling law of the state. Justice kasali noted the claimants failed to prove and link by credible evidence of their legal right to the itemized goods in their statement to the court during the trial. ‘’The court hereby dismisses your special and general damages charges against the Lagos State Government, however, the service, arrest and conviction were duly carried out in line with the law’’ the judge ruled.

LASG assures Chidinma’s family of justice

Posted on December 23, 2020

LASG assures Chidinma’s family of justice The Lagos State Government on Wednesday assured the family of Chidinma Ajoku killed by a fallen container that fell off a truck at Ilasamaja bus stop along Oshodi-Apapa expressway. The State Attorney General/ Commissioner for Justice, Mr Moyosore Onigbanjo, SAN, who gave the assurance during a condolence visit to the family described the incident as unfortunate and a big loss to the entire family. He disclosed that “Governor Babajide Sanwo-Olu has directed the Commissioner of Police to commence investigation of the incident.” “Be rest assured that Justice will be served and the perpetrators would be brought to book.” While sympathizing with the Ajoku’s family, the Attorney-General disclosed that the prosecution of the case will be handled by him to ensure that the death of Chidinma and her colleague Chima are not in vain. He added that Governor Sanwo-Olu expressed sadness on the loss of the two families and vowed to put an end to reckless driving on Lagos roads. “Governor Sanwo-Olu is deeply sad about the incidence and we have resolved that enough is enough, we will not allow reckless drivers on the road to continue to take innocent lives in Lagos State.” While assuring Chidinma’s family of the state government support, the Commissioner promised to brief the families at every stage of the investigations and prosecution process. Responding to the visit, the deceased mother, Mrs. Ajoku expressed gratitude to the state governor and the entourage sent on the condolence visit, saying she was overwhelmed by the good gesture. While applauding the steps taken by the Governor, she expressed confidence that a proper investigation will be carried out on the death of her daughter. Mrs. Ajoku, who further expressed her fear for the lives of other citizens on the roads pleaded, with the Governor to step in laws against reckless driving on the road. “The killer of my daughter needs to be prosecuted to serve as deterrent to others against reckless driving on Lagos roads” she added Late Chidinma was a staff of the Federal Airport Authority of Nigeria, FAAN. She and her colleague Chima boarded a commercial bus from Airport road to Mile two after the close of work on July 26. It was gathered that the commercial bus driver had stopped at Ilasa bus-stop to either pick or drop passengers when a 20ft container fell off a moving truck and landed on the commercial vehicle. Chidinma and Chima died on the spot.

1-LASG BEGINS TRIAL OF BOAT OPERATOR OVER MISHAP

Posted on December 23, 2020

… TO PROSECUTE DRIVER AND VEHICLE OVER KILLING OF THREE The Lagos State Government has commenced the trial of the captain of one Mount Zion Boat, Elebiju Happiness, over the mishap on Waterways along Kirikiri, Lagos. The trial began on Thursday before Hon. Justice Oyefeso of the Lagos State High Court sitting in Ikeja. The defendant was charged for involuntary manslaughter and the operating of a boat without a license. Elebiju was arraigned by the Lagos State Government on a Ten (10) count charge dated 24th of August, 2020. The defendant, however, pleaded not guilty to the charges against him. Elebiju allegedly caused the death of Thirteen (13) passengers in a boat mishap on the Lagos State Inland Waterways along Kirikiri after taking off from a loading site with twenty (20) passengers. Upon capsizing, the rescue team of Lagos State Waterways Authority, Marine Police and other boat operators rescued five (5) passengers while the defendant (Captain of the boat) and his Deck hand boy survived. The Director Public Prosecutions, Mrs. Adeyemi, who led the prosecution argued that the alleged offences against the defendant involuntary manslaughter was contrary to Section 224 and punishable under section 229 of the Criminal Law Ch C17, Vol. 3, Laws of Lagos State, 2015 and operating without a license contrary to Section 311 (1) of the Lagos State Transport Sector Reform Law, 2018. The Director further presented two witnesses before the court who gave evidence against the defendant on the incident. The trial Judge, Hon. Justice Oyefeso, however, adjourned the matter to 17th of September for continuation of trial. In a related development, the Lagos State Government has commenced the prosecution of one driver and owner of a vehicle, Dominic Amaechi and Cyprian Arinze respectively over the killing of two persons and injury on another person. The defendants were arraigned on 2nd of September, 2020 before Justice Ogala of Lagos State High Court, Ikeja. The driver of the vehicle was charged for driving in a dangerous and reckless manner, involuntary manslaughter, grievous harm, wilful damage, failure to obtain a valid driver’s license. The owner of the vehicle was charged for involuntary manslaughter as a result of refusal to ensure that his truck was roadworthy and failure to obtain vehicle licence and permits. The duo pleaded not guilty over the cause of the death of Eno Joseph (M); Titilayo Alayonimi (F), broke the leg of one Alani Oladipupo (M) and also the damage to the property of Saba Steel Nigeria Ltd. According to the prosecutor, the offences were contrary to Section 51 of the transport sector Law of Lagos State, 2018 and contrary to Section 18 of the Lagos State Transport Sector Reform Law, 2018. The case was adjourned till 30th of September for trial.