An Ekiti-based lawyer, Paul Akomolafe of the Banjo Ayenakin and Co has petitioned the controller general of the Nigeria Correctional Service, Haliru Nababa over alleged disobedience to court order by the officers of the Kirikiri correctional centre in Lagos.
The petition dated December 6, 2024, was signed on behalf of his clients, Mr Oseni Bakare.
The copies of the petition were sent to the Minister of Interior; the Registrar, the Chief Magistrate Court, Ajegunle Apapa, Lagos, and the Registrar, Federal High Court, Ado-Ekiti.
In the petition, Akomolafe accused the officers of Kirikiri Correctional Centre of frustrating a court process by flagrantly disobeying a court order that defendants in a fraud case be remanded at Nigerian Correctional Service, Ado-Ekiti.
A federal High Court sitting in Ado-Ekiti, had ordered the four defendants to be remanded at the Nigerian Correctional Centre, Ado-Ekiti despite objection by the defendants’ counsel that they should be remanded at Kirikiri Centre where they had been remanded by the Lagos State Chief Magistrate Court for similar related crimes.
The four defendants; Olusola Omolade, Boluwatife Omolade, Adeyemi Babatunde and ASB multiglobal Venture were facing trial at the court for allegedly defrauding Oseni Bakare of N31,853,450.00 for supply of 30,000 litres of Premium Motor Spirit.
The defendants; Olusola Omolade, were arraigned on three counts of conspiracy to commit felony, advanced fee fraud, and stealing, and Justice Babs Kuewumi ruled that the three suspects be remanded in the correctional centre in Ado-Ekiti.
But Akomolafe said in the petition that the officials of Kirikiri Correctional Centre failed to enforce the ruling court despite legal advice issued to it by the Lagos State Commissioner for Justice that the duplicate case file and the defendants be transferred to Ekiti Ministry of Justice, for lack of jurisdiction to prosecute the Defendants in Lagos State.
He called for urgent investigation and reprimands of the officers of the Kirikiri centre having acted in contempt of order of a higher Court, acting under pretence of a chief Magistrate Court Order, who the Legal Advice of the Director of Public Prosecution, said has no jurisdiction.
The petition reads in part, “By the Order of the Federal High Court of October 24, 2024, the Defendants were ordered to be remanded at the Nigerian Correctional Services facility, Ado-Ekiti, Ekiti, despite the objection of the Defendants Counsel, that they should be remanded at Nigerian Correctional Services, Kirikiri, Lagos.
“It is pertinent to know that the 1” to 3rd Defendant, are facing a Charge No.B/34/2024 before Chief Magistrates’ Court, Ajegunle Apapa, Lagos State, in a similar related crimes, and were remanded at the Nigerian Correctional Services, Kirikiri, Lagos, and reproduced in Ekiti.
“Moreover, Director of Public Prosecution on behalf of the Attorney-General and Commissioner for Justice, Lagos State, has issued Legal Advice to the effect, that duplicate case file and Defendants be transferred to Ekiti Ministry of Justice, for lack of jurisdiction to prosecute the Defendants in Lagos State; the information that the Your officers were adequately given, both by the Courts, and by the prosecutions.
“The forgoing was communicated to the Deputy Controller of NSCC Kirikiri, Lagos,Mr Daniel Ogu,by WhatsApp messages, on same 24th October 2024.
“May I further your office that, the 1” Defendant, Olusola Samuel Omolade, was allowed to make use of his cell phone, while in your custody, with his phone number, wherewith he withdrew from a platform he was with the nominal complainant and this was communicated and reported by me through WhatsApp message from my phone number to the Deputy Controller of NSCC Kirikiri, Lagos, Mr Daniel Ogu, to his WhatsApp message.
“It is my firm position that the actions of your men of Kirikiri Centre call for urgent investigation and reprimands, having acted in contempt of Order of a higher Court, acting under the pretence of a Magistrate Court Order, who the Legal Advice of the Director of Public Prosecution, said has no jurisdiction.
“I hereby demand as a matter of urgency sir, that the Defendants be returned forthwith to the Nigerian Correctional Centre facility, of Ado-Ekiti,Ekiti State;the Federal High Court, having issued another Order on 27th November, 2024 compelling the Controller General of Nigerian Correctional Services to produce the defendants before or by the next adjourned date failing the court will take a decisive steps in this regards,” it added.
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