Ejigbo market pepper sodomy: parties get March 30 deadline for final say

……parties get March 30 deadline for final say

By Abolaji Adebayo

Seven years after they were arraigned, parties to the alleged sodomy case at Oba Morufu Ojoola market, Ejigbo may be on the last lap of their tango with the law.

The Court has slated March 30 as the deadline to submit their final addresses.

The Lagos State Government, represented by the office of the Attorney-Genera,l is accusing 10 defendants  of assault on a woman, Mrs. Nike Salami and her two daughters – Juliana Agomo and Ajoke Agomo.

Set to dispense justice is Her Lordship, Hon. Justice Atinuke Ipaiye of the Lagos High Court, Igbosere.

She was formerly of the Ikeja Judicial Division but continues to handle the case when she was transfered because the case was already on trial.

And apparently determined to round it off, she declared that any party that fails to file its written address for adoption by March 30  has waived its right to representation.

There was pin drop silence, when the case, recorded as D/939C/2014 was announced by the  court clerk at 1pm on Thursday March 5, this year.

Appearing for the office of the Attorney General of Lagos State which is prosecuting the case, Barrister Bisi Bello said the government was ready to proceed with the matter.

In response, counsel representing the first and fourth accused, Barrister Kayode Ademiluyi whose chambers had Barrister Anthony Ezeadebor in court also announced presence and preparations to continue the case.

But the case was stalled because the counsel representing the fifth to 10th defendants, J. H. Bashir was yet to file his written address before the commencement of court proceedings. Similarly, Barrister Tunji Busari, representing the second and third accused was not in court.

Justice Atinuke Ipaye therefore adjourned the case till March 30 to enable parties file final addresses.

Mrs. Nike Salami and her daughters (Juliana Agomo and Ajoke Agomo) were alleged to have stolen pepper at the Ejigbo market on February 11, 2013 and a video showing how they were assaulted posted by one Tola Julius showing how they were assaulted went viral a year after.

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At the court, Counsel for the 6th – 10th Defendants substituted their final written address with a new one filed dated 4th March, 2020. Counsel for the 1st & 4th Defendants complained that he had not been served with the said final written address of the 6th – 10th Defendants.

The Prosecution’s Counsel informed the Court that they have responded to the 1st Defendant’s application for plea bargain and in the said response, the prosecution is recommending 12 years commencing from the date of remand.

Counsel to the 1st & 4th Defendants, Barr Anthony Ezeadebor, while admitting receipt of the said response with respect to the plea bargain, stated that same was served on him there in court shortly before the matter was called, and would need to confer with the 1st Defendant as well as with his Principal-in-Chambers who’s expected to append his signature on the received documents before having the documents properly before the Court.

The Court ordered the registrar to issue Hearing Notice on the 2nd, 3rd & 5th Defendants Counsel as the matter shall progress and any party who has not filed their final written address on the said adjourned date might as well be waiving his right to do so.

In 2014, 10 suspects – nine men and one woman were arrested and charged to court in connection with the alleged sodomy and murder of the three women.

The defendants are Isiaka Waidi; Saheed Adisa; Lateef Tijani; Ahmed Adisa; Azeez Akinosun; Jimoh Busari; Adekunle Adenuga; Oloruntoyin Dauda; Buhari Yusuf; and Abdullahi Haruna.

The Defendants were initially  arraigned at the Magistrates’ Court Igbosere, Lagos court 1 in charge number A/37/2014 before Mrs. A.O. Adebayo, the Chief Magistrate Administration by the office of the Commissioner of Police Federal SARS Adeniji wherein the 10 defendants were arraigned on a 9 count charge of murder among other charges.

They were however admitted to ball subject to terms and condition which was perfected and the case file was thereafter duplicated and transferred to the office of the DPP for advice.

By virtue of the DPP advice dated the 2nd day of September, 2014, it was advised that there was available evidence that linked and implicated all the 10 defendants to the heinous crimes committed in varied degree.

While the matter was pending at the Magistrate court, the prosecution fired charges at the high court on the 17th February, 2005 for hearing on the 18th day of March, 2015, the matter was called at the Magistrate Court, Igbosere, DPP and team were absent at the proceedings.

Objection was raised by a motion dated March 17, 2015 on behalf of the defendants especially the 1st and 4th with regards to multiplicity of action on the same subject matter, charges and same parties.

The matter was thereafter aborted at the Magistrate Court and transferred to the Lagos High Court.

First accused seeks plea bargain 

If everything goes according to plan, the first accused, isiaka Wahidi, 61, will make a plea bargain when hearing resumes on March 30.

A sneak peek of the written address of his counsel, Barrister Kay Ademiluyi Chambers, will contend that since the accused has been remanded in prison for the period he would  have served if he had been found guilty at first appearance, he would be pleading guilty to the charge to secure his freedom.

Both the prosecution and defence seemed to agree on the argument going by recent exchange of correspondences in court.

The process is to be finalised on March 30.

Perhaps to facilitate this compromise, the defence team still plans to argue his innocence in its written address.

According to document obtained by ECHONEWS, part of the address states that:

“On the 1st defendant, the mere fact that his name was mentioned by the prosecution witnesses is not enough to establish a prima facia case; the persecution must prove his case beyond reasonable doubt.

Fourth accused, Jimoh Busari, has no case to answer – Defençe team

The fourth defendant, Jimoh Busari, 50, in the case will, on March 30, contend in the final written address that the prosecution has not linked him with the crime and he should therefore be given his freedom.

He will be grounding his defence on the arguments that:

• the statement presented to the court and admitted in evidence was not made voluntarily and not written in the language that he understands and it was never interpreted to him;
• none of the prosecution witnesses mentioned his name in their depositions before the court either during examination in chief or any other time; and
• it is the position of the law that where no connection is established between the accused and the crime, the verdict should be positively resolved to his advantage.
• The argument canvassed:

“The 4th defendant was only present at the scene of the crime, he never participated in anyway and this was confirmed by the prosecution witnesses in their evidence in Chief and also under cross examination, there is no link to him in any way, no prima facie case has been established against him therefore the burden remains with the persecution where any doubt exists, it must be resolved in favour of an accused person. See GARBA VS STATE. Suit no ca/1/226c/2005 also cited in (2011)14 NWLR (Pt1266) P 98.”

“Let’s now take a close look at the 19 count charge of the prosecution which varies from unlawful assembly, trial by ordeal, assault occasioning harm, causing grievous harm, maliciously administering poison with the intent to harm, deprivation of liberty, conspiracy to commit a felony, attempted murder, sexual assault by penetration, obtaining money by false pretence and neglect to prevent felony.

“The prosecutions six witnesses were Ajoke Agoma, Nike Salami, Fatima Agoma, ASP Basey Uket, ASP Olabisi Adejumo and Olushola Jimoh. My lord, none of these witnesses in their testimony testified against ten 4th defendants (Jimoh Busari) none of the prosecution witnesses made any statement linking ten 4th defendants to any of the 19 count charge therefore the burden of proof remains with ten prosecutions. By virtue of section 36(5) of the 1999 constitution and section 138(1) of the evidence act, in criminal trial, the prosecution has the duty to prove the guilt of the person which it accused of committing a crime see JEREMIAH VS STATE SUIT NO CA/PH/258/2001. Also cited in (2012) 14 NWLR (PT. 1320) P.248, AYO VS STATE (2006) 6 WRN 134, SAM VS C.O.P (2009) all FWLR (Pt. 450) 760.

“Therefore, the court will not look at the defence of the 4th defendant in this case because no prima facia case has been established against the 4th defendant.”

Diary of a Trial ( tint in box)

• February, 11, 2013: A woman, Nike Salami and two daughters – Juliana and Ajoke Agomo were allegedly assaulted and sodomised
• December 2013: video of the incident, allegedly posted by one Tola Julius, goes viral
• January 2014: Ejigbo LCDA reacts to controversy, reveals investigation showed the incident took place in a market within its jurisdiction, promises further investigations
• January 2014: Human rights organisations hold demonstrations, demand justice for the victims at the Lagos State House of Assembly. Assembly holds hearing, urges police to bring culprits to book. IInspector General Muhammed Abubakar orders Federal Criminal Investigation Department to take over the case
• February 25, 2014: Police parade 10 suspects
• June 26, 2014: 10 suspects  arraigned before the Chief Magistrates Court, Igbosere, Lagos on 19 count charge and remanded in prison
• July 6, 2015: Following inability to ascertain the death of Julianna Agomo, police remove murder from charge sheet
• May 21, 2015: Case transferred to Ikeja High Court, hearing begins before Justice Ipaye
• July 14, 2015: hearing continues
• October 13, 2015: hearing Continues
• November 11 & 12, 2015: court rules on video evidence
• May 31, 2016: prosecution closes case

Defendants & Counsel