By ECHONEWS
Eight years after they were arraigned, parties to the alleged sodomy case at Oba Morufu Ojoola Market, Ejigbo have been finally acquitted and freed by Court.
On Monday, last week, June 6, the counsels to the defendants were able to secure their release except one of the defendants, the then market leader (Baba-Oja), Isiaka Waidi, who had filed for plea bargain.
The application seeking the release of the defendants was filed by the counsel to the 1st and 4th Defendants, Barr Kayode Ademiluyi.
The application, filed in 2016, asked the Court to strike out the case since there was evidence that the victim allegedly killed is still alive, and that the defendants could not be kept in remand for ever.
In the process of giving justice, the court had slated March 30 as the deadline to submit their final addresses.
The Lagos State Government, represented by the office of the Attorney-General, was accusing 10 defendants of assault on a woman, Mrs. Nike Salami and her two daughters – Juliana Agomo and Ajoke Agomo.
Set to dispense justice was Her Lordship, Hon. Justice Atinuke Ipaiye of the Lagos High Court, Igbosere.
She was formerly of the Ikeja Judicial Division but continued to handle the case when she was transferred because the case was already on trial.
And apparently determined to round it off, she declared that any party that failed 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 posted by one Tola Julius showing how they were assaulted went viral a year after.
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 just shortly before the matter was called, and would need to confer with the 1st Defendant as well as with his Principal-in-Chambers who was 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 filed 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.
The first accused, isiaka Wahidi, made a plea bargain when hearing.
His counsel, Barrister Kay Ademiluyi Chambers, contended 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.
According to document obtained by ECHONEWS, part of the address stated 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.”
The defence counsel also argued that the fourth accused, Jimoh Busari, has no case to answer.
The counsel, in its final written address, argued that the prosecution had not linked him (Busari) with the crime and he should, therefore, be given his freedom.
He based 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.
On Monday, June 6, 2022, nine of the ten defendants were released by the court.
The 1st Defendant, Isiaka Waidi was retained in detention due to his plea bargain.
The counsel to the 1st and 4th Defendants, Barr Kayode Ademiluyi told ECHONEWS that the 1st Defendant may still be in detention till December, 2023.
Speaking on the ruling that set the defendants freed, Ademiluyi said the ruling was based on the application he made citing the section 36 of the 1999 constitution.
He said his chamber had flied the application since 2016 asking the court to strike out the case since investigation showed that the girl earlier alleged to be killed was still alive.
According to him, “since the case has been on for a long time and we cannot keep the defendants in prison for ever, we asked the court to strike the case out and finally we got the ruling last week and all of them were released except the first defendant who had filed for plea bargain.
“On Monday the 6th day of June, 2022, at the High Court of Ikeja where the Ikeja Division administrative judge is, Justice Atinuke Ipaye delivered a ruling by striking out the names of the remaining nine defendants out of the 10 defendants charged for several count charges.”
“We are waiting for the certified copy of the ruling to be issued this week.”