APC Gubernatorial Aspirant Arrested For Murder
was tense on Tuesday when a former Commissioner for
Rural Development and a governorship aspirant of the All
Progressives Congress, Tola Kasali, 62, was arraigned for
murder.
Arraigned with him were the Special Adviser to the Lagos
State Governor on Politics and Legislative Matters, Musiliu
Folami, 64, and Kasali's Chief Security Officer, Tobun
Abiodun, 38.
The court was filled with party loyalists, supporters and
family members of the accused persons, as many others
stood outside the court.
They were arraigned on four counts bordering on murder
and unlawful possession of firearms.
The police said the men conspired to kill one Musiliu Lamidi
on November 9, 2014, around 2pm at Eko Tourism Hotel,
Akodo, in the Ibeju-Lekki area of the state.
The police added that they were found in possession of a
pump-action gun, with number 6381, without a valid licence
issued by the appropriate authorities.
The corpse of the deceased was said to have been found on
the premises of one of the defendants.
The offences were said to be punishable under sections 231,
221 and 409 of the Criminal Law of Lagos State, 2011 and
Section 27 (b)(1) of the Firearms Act, Cap 28 Laws of the
Federal Republic of Nigeria, 2011.
Their pleas were not taken by the court for the offences.
However, a senior state counsel, Femi Adamson, who came
from the Office of the Attorney General of the Federation,
invoked a section of the law to take over prosecution from
the police.
He said, "I am a senior state counsel and I want to take over
the prosecution of this case. This is pursuant to Section 211
(1b), (2) of the 1999 Constitution of the Federal Republic of
Nigeria, as amended."
The leader of the police team from the legal department of
the State Criminal Investigation Department, Godwin Osuyi,
said it was not right for the case to be taken from the police
since the police had only sought to remand the defendants
in custody pending legal advice.
Osuyi, after agreeing to step aside, said, "Before I step aside,
I wish to state that they were brought before this court for
remand. They have not been formally charged."
But the court ruled that since the case belonged to the state,
it could take charge of it at any time.
The state prosecutor, Adamson, thereafter applied for the
remand of the three defendants in custody, citing Section
264(1) of the Administration of Criminal Justice Law of Lagos
State, 2011.
However, the leader of the seven-man defence team, Taiwo
Ajala, opposed the application for remand.
According to him, there were no allegations before the
court, but mere rumours, which should be struck out.
He said, "So far, what are before your honour are not
charges, but mere rumours, which have no place in a court
of law. These rumours have been elevated to the point of
allegations.
"To raise rumours to allegations, one would have expected
the prosecution to depose to an oath so that the court can
look into it. But this is missing.
"Accordingly, I apply that the defendants be granted bail.
Jurisprudentially, the reason behind remand is if the court is
not sure that the defendants will attend court proceedings
from time to time.
"I crave the indulgence of this court to the social standing
and circumstances of the defendants. The first is currently
the special adviser to this government. The second has a lot
of prefixes to his name. He was a former Commissioner for
Rural Development. His impacts are felt on our roads. He
was also a former Commissioner for Special Duties, while
the third defendant had, at different times been a chief
security officer of the state. They are all known by
reputation."
Ajala said if the defendants were not granted bail, it would
affect the running of the government and the residents of
the state.
After making his submissions, the prosecutor said he was
not objecting to bail.
"With all due respect, bail is at the discretion of the court
and the court is guided by principles. I have come to realise
that these are people serving the government of the day in
different capacities," he said.
The Chief Magistrate, Tunbosun Abolarinwa, in his ruling,
expressed disappointment in the prosecution for not being
able to support the remand application brought before the
court.
He said, "What is before the court is a remand application,
but the police who brought it have not been able to support
same. This is probably why the defence counsel referred to
the charges as mere rumours.
"If their movement is restrained, it will bring serious
discomfort to them and people associated with them and
will be a disservice to the society. This court sees them as
people who should uphold the law of the land and the
orders of this honourable court.
"This court has confidence in their ability to show up in
court.
"The reasons for remand brought by the prosecutions are
not reliable and cannot sustain the charges."
Abolarinwa granted the defendants bail on "self recognition"
and ordered the prosecution to verify their addresses and
places of work.
The matter was adjourned till December 11, 2014 pending
legal advice from the Directorate of Public Prosecutions.
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