Crime & Punishment

Go Home, Sin No More: Magistrate Discharges Four Accused of Breach of Peace

Funke Olaode

For four good years, they languished in detention for an offense punishable by the law. They were accused of breach of peace in 2020. But the quartet of Daniel Joyinbo, Adigun Sodiq, Kehinde Shola, Salaudeen Kamilu, Sodiq Usseni, and Azeez Isiaka heaved a sigh of relief and embraced freedom last week when Magistrate B.O. Osunsanmi of the Ogba Magistrate Court in Lagos cautioned and discharged the defendants after their counsel T.D Ojeshino pleaded to the court to tamper justice with mercy that they were first-time offenders

Osunsanmi cautioned and discharged the defendants of a one-count amended charge dated August 22, 2024, brought against them by the police. 

Trouble began for Joigbo, Sodiq, Shola, Kamilu, Usseni, and Isiaka on November 23, 2020, at Ebutte Metta in the Lagos magisterial district when they were accused of  conducting themselves in a manner likely to cause a breach of peace and thereby committed an offence punishable under section 168(d) of the law of Lagos state of Nigeria 2015. The amended information was read to the defendant on August 22, 2024, to which they pleaded guilty.

The judge also asked the defendants whether they understood the content of their guilty plea and the obligation of the court to give out the maximum sentence on the charge. 

The defendants admitted the plea bargain amended one-count charge. While their one-count charge was being read out, the prosecution counsel and Director Public Prosecutions (DPP), Dr Babajide Martins, urged the court to sentence the defendants according to their guilty plea agreement dated August 22, 2024.

But the defendants’ counsel, T.D. Ojeshino, begged the court to temper justice with mercy.

“My lord, I plead the court to tamper justice with mercy as the defendants are first-time offenders. Some are breadwinners of their families and still young of age. They have spent more time in prison over four years since 2020 they have been in custody. They have suffered and learnt their lessons,” he stated. 

Osunsanmi, having found the defendants guilty and they have spent over four years in prison cautioned and discharged them to go home and be of good behaviour.

Lawyer, Edo Govt Reaches Out-of-court Settlement over College of Education Rift

Wale Igbintade 

A Lagos-based legal practitioner, Odiana Eriata and the Edo government have reached an out-of-court settlement over the alleged directive to wind up Edo State College of Education, Igueben Campus.

The applicant (Eriata) had suit number B1010S 2022, prayed the court for a declaration that the purpose of the transitional provisions of Section 33 of the Edo State College of Education Law, 2020 is to ensure the continuity of the academic activities of the College of Education, Igueben despite the repealing of College of Education, Igueben Law 1981.

He also prayed the court for a declaration that the action of the 1st and 2nd Respondents terminating the admission of students of 2019/2020 and 2020/2021 academic sessions of the College of Education, Igueben, all in the name of restructuring was not only ultra vires but also against the spirit and intendment of Sections 9 and 33 of the Edo State College of Education Law, 2020. 

Joined in the suit marked 13)101 05/2022 are the State Attorney General and Commissioner for Justice and the Edo State College of Education (Igueben as Main Campus).

Odiana is also seeking for an order of perpetual injunction restraining the respondents, their agents, privies and representatives from disrupting and shutting down the academic activities of the fourth respondent in the guise of restructuring and for whatever reason.

The respondents filed their response denying the claims and stated that the institution was still running and academic activities were ongoing.

Following the court’s directive for an out-of-court settlement of the matter and consideration of the parties, the parties met and resolved to settle the matter.

One of the agreed terms is that the respondents will ensure the continuity of academic activities at the College of Education, Igueben, despite the repealing of the College of Education, Igueben Law 1981, which is the purport of the transitional provisions of Section 33 of the Edo State College of Education Law, 2020. 

Another is that the first to third Respondents, their agents, privies and representatives will not take any steps or actions aimed at disrupting and shutting down the academic activities of the fourth respondent in the guise of restructuring and for whatever reason. 

The parties also agreed that the Edo government will continue to adequately fund the institution from time to time based on budgetary allocations and that the academic rights of the students of the College of Education, Igueben shall be guaranteed by the Respondents even in the transition period of the said institution. 

Upon filing the terms of settlement dated February 9, 2024, a virtual court session was fixed for the parties to testify that they signed the settlement terms. 

The virtual hearing took place on May 31, 2024, and June 7, 2024, respectively, wherein Eriata testified under oath that he signed the terms of settlement while Ekhiovbiye Michael Osayamen, the acting Registrar of the fourth respondent, equally testified and confirmed signing the terms of settlement on behalf of the first to fourth respondents. 

In the course of proceedings, Mr. I.U. Omoruyi, counsel to the Respondents and Mr. J.l. Eboh, counsel to the Applicant respectively adopted the terms of settlement and urged the court to enter same as its judgment in the matter. 

Accordingly, the trial judge, Justice Joy Oghogho Okeaya-Inneh, adopted and entered the settlement terms dated February 9, 2024, as the court’s judgment, which shall be binding on all the parties.

Businessman Bags 18 Months’ Imprisonment for Stealing

Funke Olaode

The Lagos Chief Magistrate’s Court has sentenced a businessman, Olanrewaju Adiyade to 18 months’ imprisonment for stealing the sum of N5.940 million. 

Magistrate T.O. Abayomi found him guilty as charged, convicted and sentenced him.

Olanrewaju, who is in the oil and gas business was arraigned before the court in a charge marked O/02/2021 by the operatives of the Force Criminal Investigation Department (ForceCID) Annex, Alagbon-Ikoyi, Lagos.

He was docked a two-count charge for stealing and obtaining the money under false pretence from one Chief Ramoni Onokoya.

The Police said his offences are punishable under sections 314 and 287 of the Criminal Law of Lagos State, 2015.

During the trial, the prosecutor, S.O. Ayodele called two witnesses: the nominal complainant, Chief Onokoya and Mr. Uche Benjamin, a Deputy Superintendent of Police (DSP) who investigated the crime.

The prosecutor also tendered various documents, and was admitted as exhibits by the court. The convict denied allegation of stealing but was unable to absolve himself of fraud allegation.

The defendant counsel, C.U. Olayanju, told the court that he did not steal the money but asked for the complainant’s permission to use it when he had a life-threatening accident and admitted at UCH, Ibadan, Oyo State.

He therefore urged the court to discharge him of the two charges. 

However, while delivering judgment, Magistrate Abayomi said after examining all the submissions made before the court, cleared the businessman on obtaining by false presence charge.

Magistrate Abayomi however, uphold the charge of stealing the sum of N5.940 million against him.

In sentencing the convict, the magistrate after weighing both the mitigating factors and aggravating factors, said, “Based on the foregoing, I held that the prosecution has proved the second count charge of stealing against the defendant beyond reasonable doubt, contrary to the defendant’s counsel submission, this is not failed transaction between parties but a clear case of unlawful conversion by the defendant.

“The court weighing the mitigating and aggravating factors on an imaginary scale of justice and in line with the Sentencing Guideline of the Lagos State, the defendant being a first-time offender cannot be sentenced to the maximum.”

The magistrate added, “However, to ensure justice is served the defendant is hereby sentenced to 18 months’ imprisonment for the second count charge stealing. The term of imprisonment shall be reduced to two months’ imprisonment on the condition that the defendant pays the complainant the outstanding balance of N5,560,000 within the duration of two months.”

Obey Court Order on Okobaba Sawmill, Lawyer Tells Governor Sanwo-Olu

Wale Igbintade 

Governor Babajide Sanwo-Olu has been urged to obey the court order regarding relocating timber dealers from the Okobaba Foreshore in Ebute-Metta, Lagos. 

Human rights activist and Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, made this call in a statement on Monday. 

Timber dealers, sawyers and other stakeholders had approached the Federal High Court, Lagos Division in April 2016 to stop the planned forceful eviction of all occupants of the Okobaba Foreshore in Ebute-Metta to Agbowa Ikosi, without a concrete alternative location for their trades and businesses. 

The Lagos government, the governor, the attorney general, the commissioner for physical planning and urban development, and the National Inland Waterways Authority are listed as defendants in the suit.

In the suit, timber dealers, sawyers, tug boat owners, pullers, and other stakeholders contend that the Lagos government should not force them out of the Okobaba Foreshore without an alternative location suitable for their businesses and trades. 

The plaintiffs in the suit are claiming that they have occupied the foreshore lawfully since early 1950, they have developed the foreshore and they have their businesses there through which they maintain themselves and their families.

They claimed that their forceful eviction was to pave the way for the allocation of their land and places of occupation to strange developers who were never part of the efforts made to develop the Okobaba Foreshore, spanning decades of improvement upon the land.

On the other hand, the Lagos government claimed it had an alternative location for the plaintiffs in Agbowa Ikosi, which it has developed as a permanent site.

The plaintiffs, however, visited the said location and discovered that it was not developed and there were no allocations suitable for their business. They, therefore, sought an order of injunction to restrain the Lagos government from implementing their forceful eviction without developing an alternative location.

The court directed all parties in the suit to maintain the status quo. Further, it directed the attorney general to convene a meeting with all the stakeholders and the government to reach a mutual resolution of all the controversial issues. 

There has been no compliance with the court order by the government.

When the case came up before the court on July 17, 2024, Adegboruwa informed the court that the government had not complied with the pending order and sought to forcibly evict the plaintiffs whilst the suit is pending.

NBA: Lagos CJ Urges Synergy Between Judiciary, Legal Practitioners

Funke Olaode

The Chief Judge of Lagos, Justice Kazeem Alogba, has emphasised the need for greater synergy between the judiciary and legal practitioners to address the growing issue of frivolous cases.  

Justice Alogba made this call at the Nigerian Law School, Lagos, during a cocktail organized to welcome lawyers nationwide to the 2024 Annual General Conference of the Nigerian Bar Association.

His call to action aims to restore public confidence in the judiciary by curbing unnecessary litigation that clogs the court system and delays justice delivery.

Alogba highlighted that frivolous cases waste the court’s time and erode public trust in the judiciary’s ability to deliver timely and fair justice. 

He urged legal practitioners to exercise more discretion in the cases they bring to court, ensuring that only those with substantial legal merit proceed.

According to him, this approach would help to reduce the backlog of cases, improve efficiency, and enhance the judiciary’s credibility.

The chief judge’s appeal is in line with broader judicial reforms being advocated across Nigeria, including the adoption of Alternative Dispute Resolution (ADR) mechanisms to handle less complex cases.