Counsel’s objection attracts defendants’ extra stay in prison

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By Bimbo Adenrele

A Counsel representing three Defendants Daudu Samaritan, Audu Gboagbo and Akintobi Olarenwaju has further delayed his clients in prison through his objection.

The Upper Area Court in Bwari Division on Wednesday in the case of C.O.P V. Daudu Samaritan & 2 Others has ordered that the Defendants be remanded in Bwari Police Cell to enable the Kadijat deliver his ruling in respect of the objection raised by the Defendants’ Counsel.

Prosecution Counsel, Idowu Ojo brought an application to seek leave for amendments of the court process pursuant to Section 216 ACJA (Administration of Criminal Justice Act) in respect of Criminal Intimidation.

However, the Defendants’ Counsel J.U Otaku Esq. objected to the application. He said the Prosecution Counsel is permitted only to charge and not to amend.

Honourable Kadi Gambo Garuba explained that Section 106 (c) ACJA gives authority to State Counsel to prosecute.

Furthermore, he noted that before ADJA, the Southern part of Nigeria empowered Police Officers to frame charges while in the north the First Information Report is brought and after the arraignment, plea and an examination at the merit of the case the Court frames a charge.

Honourable Kadi Gambo corrected the Defendants’ Counsel that he should have allowed the Defendants to take their plea and obtain their bail before objecting to the application.

Likewise, Honourable Kadi noted that the Court must give its ruling to resolve every application brought before proceeding in a case.

He adjourned the case to the next day for ruling and ordered the Defendants to remanded in the Police Cell.