Justice O. Adetujoye of Fiat Court 5 of Oyo State High Court, Ring Road in Ibadan, the state capital, on Monday, returned a case file involving a former Chairman of Disciplinary Committee of the Park Management System, Mukaila Lamidi, also known as Auxiliary, to the state Chief Judge for reassignment to another court.
The matter, with suit number I/74c/2024 was between the State and Auxiliary and was scheduled for hearing on Monday (today).
The Judge resolved to return the case to the CJ as a result of the failure of the Counsels to agree if the court should take the two different cases before it involving the defendant.
Auxiliary, who was present in court, is facing trial on 17 count charges on armed robbery, murder, attempted murder, and possession of a firearm, including one AK-47 assault rifle, and two SMG rifles with magazines.
“The offence, according to the charge sheet, is contrary to and punishable under Section 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act, CAP RII, Vol.14, Laws of Federation of Nigeria, 2004.”
Two charges are before Justice Adetujoye. The first one relates to the alleged criminal offences that took place at the residence of Governor Seyi Makinde of the state on May 29, 2020, with suit number I/74c/2024. It was scheduled for hearing on Monday, but could not proceed.
The second change was on alleged criminal offences that happened in Igboora during the campaign that led to the 2023 elections.
After taking the appearance of the counsels of the parties before the day’s proceedings began, Adetujoye asked if the parties would agree to the court hearing the two different cases of the defendant before her.
In his response, the Director of Public Prosecution, S.O Adeoye, who led the team of lawyers on behalf of the state government, told the court that the state had no objection to the request.
Other lawyers in the team include three Senior State Counsels S. A. Osuolale, Isa Busari, G. A. Ramoni and O. A. Sobande.
But, in a counter-response, counsel to the defendant, Olalekan Ojo, a Senior Advocate of Nigeria said his client would prefer that the two cases be heard by different courts.
He noted that if the court starts the hearing of the case as scheduled, the other matter should be transferred to another court.
The Senior Advocate said he raised the objection after due consultation with his client and after taking into consideration so many variables.
The Judge, therefore, said “If any matter would be transferred, it would be the one scheduled for hearing on Monday since it was an offence that was committed within Ibadan’s jurisdiction.
She noted that “The other matter that happened in Igboora would be retained by her court since Eruwa/Igboora was her original jurisdiction but also sitting in Ibadan as a Fiat Court.”
Punch
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