… We observed the scanty nature of evidence to gain conviction –Police
… DPP accused of fabricating evidence to sustain a false narrative
…Lawyer fumes as AGF, DPP keep mute on request
Juliana Francis
The Nigeria Police Force appears to have agreed with the Chamber of A. G. Giwa-Amu, ESQ’s argument that the Lagos State Directorate Of Public Prosecution (DPP) made a crucial error in the legal advice it gave concerning some suspects, who are clients of the lawyer.
The lawyer has continued to argue with the Lagos State Ministry of Justice that its legal advice was faulty especially, since one of his clients, Abubakar Suleiman Mayaki, was not in town on the fateful the alleged crime was committed.
It will be recalled that Giwa-Amu Chamber had earlier petitioned the Attorney-General and Lagos State Commissioner For Justice asking for a review of legal advice with Ref No: LJP/Hom/2024/119, stressing that his clients were innocent of charges brought against them.
Undeterred by the grave-like silence from the Lagos State Ministry of Justice concerning his petitions, the human rights lawyer returned with more evidence, exonerating his clients.
Part of this evidence is the Certified True Copy of Legal Advice and Opinion document issued by the Commissioner of Police Legal Prosecution Section Force Criminal Investigations Department (FCID), Force Headquarters, Abuja.
The document was signed by a Deputy Commissioner of Police, Ohiozoba Ehiede. It states the facts of the case and gives a legal opinion and advises thus: “On the premises of the above, evidence in this case is so scanty and remote to substantiate the alleged murder against the suspects.
“In the interim, we advise that the following needs to be resolved; where is the pump action gun used by the 1st suspect and the one taken away from the deceased, did any of the witnesses see the 1st suspect shooting the deceased? Was the 1st suspect present at the scene where the deceased was murdered, why was the deceased taken to a native doctor instead of a medical doctor at a hospital, the statement of the native doctor that the deceased was first taken to needs to be recorded and efforts should be intensified to arresting the fleeing suspects.”
Giwa-Amu in another of his petition dated 15th of October, 2024, directed to the DPP, Ministry of Justice, State Secretariat, Alausa, Ikeja, Lagos State, said that he had brought additional facts in support of his demand and call for the review of the Legal advice-charge No: MIK E/92 24-COMMISSIONER OF POLICE V. AKANDE AHMED OMOGBEMIBANOR.
His petition is reproduced below for an easier understanding of his demands and reasons.
The lawyer writes: “We continue to act as Solicitors to Abubakar Suleiman Mayaki and all other persons described as “Defendants” in your Charge Nos: MIK/E/92/24 & MHZ/E/82/24 (hereinafter referred to as “our clients”) on whose instructions we write.
“We are not at all surprised at the neglect, refusal, and unwillingness of your office to reply to our letters dated the 9th of September 2024 and 30th of September 2024, and the annexures to the said letters.
“This has been the habit and hallmark of your office since your ascension to “your prosecutorial throne” as Director of Public Prosecution, Lagos State. You lack professional courtesy.
“We are equally not in any way surprised or disappointed that having duly received both letters from our office with no response, your office hurriedly and surreptitiously filed a Charge/Information in Charge No: ID/ 2484C/ 24 [Ref No: 947632024] in the Lagos State High Court of Justice, Ikeja- this position was announced by your State Counsel, Mrs Abiola Adeoye, on the 10th day of October 2024 in the Magistrate Court, Court 5, Ogba, Lagos State, before Senior Magistrate Lateef Owolabi.
“Since we were not served with copies of the said Charge /Information as required by law, we applied for a Certified True Copy of same from the High Court of Lagos State, but we were informed that same does not exist. Our application was made on our behalf by our Monday Joseph Uleyo, Esq.
“We wish to bring to your attention additional information to assist/ aid your office in the review of your actions and activities following your Legal Advice with Ref No: UP/HOM/ 2024/ 119 and the alleged corresponding Charge /Information in Charge No: ID/ 2484C/ 24 [Ref Re: 947632024];
“We refer you to the following documents, which were deliberately and maliciously removed from the Police Casefile with Ref tie: CR/3OOO/X/FHQ/HCD/T.F/ABJ/VOL 29/648, surreptitiously sent to your office for Legal Advice, in breach of the Nigeria Police Practice and Procedure and chain of command.
“The documents are as follows: Letter from the Office of the Inspector-General of Police to the Office of the Deputy Inspector-General of Police with Ref No: 3514/IGP.SEC/ABJ/VOL.38/267 dated 9th of October 2024, with its accompanying Certified True Copy of Legal Opinion/Advice with Ref No: 3514/X/LEG/FHQ/ABJ/VOL.48/23.
“Particular reference is made to the “Internal Memo” dated 7th October 2024 with Ref No: CB:3514/X/LEG/FHQ/ABJ/VOL.48/247 from the Commissioner of Police, Legal to the Inspector-General of Police, wherein in paragraph vii the Commissioner of Police, Legal/Prosecution Section, FHQ, Abuja, opined as follows:
‘The Legal Advice observed scanty nature of the evidence on the ease to gain conviction in court as the investigation failed to prove beyond reasonable doubt as eyewitness accounts could not establish the case against the suspects.’
“Given the above facts contained in paragraph 1{b}, we demand to know from your office, in the interest of justice, wherein the entire Police Case File with Ref No: CR/ 3000/XJ FHQ/HCD/T.P/ABJ/VOL 29/ 648, you got the facts which led you to the conclusion contained in paragraph 3 at page 4 of your Legal Advice with Ref No: I JP/ I-IOM/ 2024/ 119, where you stated;
‘In respect of Page B2- Abubakar Sulaymon Mayaki, this Office notes that although he was not physically present during the attack, the attackers admit to being under his employment and giving the directive for the attack to be carried out.
Therefore, by Section 16 of the Criminal Law, 2015, he is a principal offender and is deemed to be responsible for the actions and consequences of said suspects.’
“We challenge your good self to indicate, and point to any statement of witnesses and or suspects to establish the above, especially the underlined information.
“Sir, we put it to you that you fabricated evidence to sustain a false narrative in conspiracy with others to set up false allegations against our clients, to have them arrested, detained, and taken to Court or a holding Charge and detained indefinitely to the pleasure of your minions and friends.
“We make bold to say, Sir, that your Legal Advice with Ref No: LJP/HOM/ 2024/ 119 was procured, and this is based because the said Legal Advice with Ref No: LJP/HOM/ 2024/ 119 which was prepared and signed by you was presented to the Magistrate Court, Court 5, Ogba, Lagos State on the same day our clients were taken before the Learned Magistrate on the 10th day of September 2024 with your application for our clients’ remand in prison i.e. that you had a pre-knowledge of the entire Police Case File before same was forwarded formally by the Police to your Office for Legal Advice.
“Find attached herewith all relevant documents, including those mentioned in our earlier correspondences and we hereby apply formally to your office for a Certified True Copy of your purported Charge /Information, which your State Counsel, Mrs Abiola Adeoye, informed the Senior Magistrate Lateef Owolabi of the Magistrate Court, Court 5, Ogba, Lagos State, has been filed in the Lagos State High Court, as we need same to pursue our defence for our clients and sustain our petition to The Presidency, The National Assembly, The Police Service Commission, The National Human Rights Commission, The Office of the Attorney-General of Lagos State, The Office of the Governor of Lagos State, The Attorney-General of the Federal Republic of Nigeria and The Minister for Justice, and The ECOWAS International Court.
“We are pleased to remind your good self that before your appointment as the Director of Public Prosecution, Lagos State or “ascension to your prosecutorial throne,” as you now make it seem, Lagos State Ministry of Justice has been a trailblazer in the sound administration of justice.
“Lagos State has been a pathfinder and planter of new and innovative amendment to laws to bring in salubrious statute, we advise that if you cannot contribute to the growth of Lagos State and its laws, do not, for the sake of posterity and patriotism, derail or destroy the good works of your predecessors and the present Attorney-General and Commissioner for Justice, Lagos State and other hardworking staff of the Lagos State Ministry of Justice. We anticipate your quick response in this regard.”
The case that is causing the mild drama between the Police, Giwa-Amu, and the Lagos State Ministry of Justice was brought by one Akeem Kenshiro, who the police described as a “nominal complainant.”
He alleged that his younger brother, Idowu Kenshiro, 39, was killed by the suspects, who are clients of Giwa-Amu.
It is a case of murder, armed robbery, assault occasioning grievous bodily harm, threat to life, acts of terrorism, banditry, and conduct likely to cause breach of peace.
The Homicide Section of the Force Criminal Investigations Department (FCID) Abuja, investigated the case.
The facts of the case state that Mr Akeem Kenshiro alleged that his younger brother, Idowu, a registered local hunter, who resides at Ota Ikosi, Agbhhowa Lagos State was waylaid and accosted by people numbering about 16, among whom was Mukaila Salau.
Idowu who was not familiar with these people and had allegedly innocently walked into their midst, not knowing they were armed with guns, cutlasses, broken bottles, sticks, iron rods, and dangerous weapons, demanded to know where he was coming from and where he was going.
Soon, there was an altercation when the suspects demanded Idowu’s phone, money and other valuables in his possession despite his innocent response that he was coming from the bush where he went to check his traps.
It was further alleged that upon the deceased’s hesitation, the suspects started to rough handle and beat him up with their fists, and gadgets (cutlasses and weapons), during which they took his money, phone, and other items and, thereafter, dragged him into the bush.
When they realised that Idowu could identify Mukaila Salau aka Action, the said Salau ordered that the deceased be wasted.
It was also said that as Idowu fastened his steps to escape, the suspects started shooting at him, inflicting bodily and fatal injuries on him.
The Police, who also presented this as fact of the case added: “These facts were established in the autopsy report wherein the pathologist in his opinion asserted that the deceased died as a result of fibrinopurulent peritonitis, multiple small bowel perforation and gun injury.”
The Police, however, maintained that there was not enough evidence to convict the suspects, calling for further investigation.
Giwa-Amu, however, punctured the facts of the case narratives, stressing that everything told to the investigating police team was simply based on “here say,” lacking evidence.
He further added that even one of the suspects, Suleiman Mayaki, was not even in Lagos State or anywhere near the scene of the alleged crime on the fateful day the incident occurred.
Giwa-Amu also pondered aloud on how possible it was that Idowu, who was allegedly “rough handle and beat him up with their fists, and gadgets, cutlasses and weapons,” by 16 abled-bodied men, could suddenly, “fastened his steps to escape.”
He maintained that the fabricated narrative had too many loopholes.
