—Dispels allegation of AG’s involvement in legal advice
By Henry Ojelu

The Lagos State Director of Public Prosecutions, DPP, Dr Babajide Martins has clarified that his office issued a fresh legal advice for the withdrawal of the criminal charges against a traditional ruler in the Ipaja area of the state, Chief Moruf Owonla, a.k.a. Kaka based on new facts available to him after a thorough review of the case in line with fresh material evidence brought to the attention of the office
Chief Owonla who was initially a complainant in a case of landing grabbing against one Alhaji Hassan Alli, was subsequently turned to the accused by the Police on the basis of which we filed charges of criminal trespass, impersonation, and conduct likely to cause a breach of trust against him before the Lagos High Court.

On becoming aware of the charges pending before the court with a bench warrant issued against him, Chief Owonla wrote to the DPP’s office seeking a review of the matter on the ground that he was being unjustly persecuted by the Police.

It was after the review of the matter in line with the fresh evidence that by a letter written to the Assistant Inspector General of Police dated May 21, 2024, the DPP advised that the matter be discontinued on the bases of new facts which revealed that Chief Owonla had a valid right of claim to the disputed land for which he was being accused of trespassing.

Part of the legal advice reads: “In the interest of justice the whole case was reviewed along with the fresh evidence from the High Court of Lagos State and Surveyor-General of Lagos State made available to this Office.
“At the end it was found that the dispute between the complainant and the 2nd Defendant arose from land ownership which started in 1992 between Chief Ekundayo and Mr. Ogunbiyi & Ors in Suit No ID/1722/92 where judgment was delivered May 2, 2008 and Chief Elkundayo was adjudged the owner of the Land in dispute.

“On May 2, 2008, the Deputy Sheriff of the Court levied execution of the said judgment on the Land including the building at No. 34 Fungeson Osagie Street, Ayobo in favour of the Defendant’s Vendor and principal Chief Ekundayo as shown by inscription in the photographs of the building and the confirmation letter of the Deputy Chief Registrar of the High Court dated May 9, 2024.

“There is no evidence that the judgment in Suit No. LD/1722/92 and the execution levied on the parcel of Land in 2008 has been set aside. The implication of this is that the subsequent occupation or possession of the Land by the suspect turned complainant (Hassan Alli) was unlawful and a criminal contempt punishable under the Criminal Law of Lagos State.

“From the foregoing, the only legal conclusion is that the Defendant has a valid right of claim on the land by virtue of which judgment and execution of the same have not been set aside. Therefore, the Defendants have no case to answer for any alleged occupation of the land at any time after the judgment and execution.
Reacting to the legal advice, Chief Owonla’s accuser, Alhaji Alli has since alleged bias by the DPP and also accused the Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro, SAN, of influencing the legal advice on the ground that Chief Owonla was his former client when he was in private legal practice.
But making further clarifications on the matter at the weekend, Dr Martin insisted that the decision to withdraw the charges against Chief Owonla was arrived at solely by his office without the influence of the Attorney-General after a painstaking review of fresh facts made available to him.

He said: “My office receives applications for review of cases on regular basis and we examine each application thoroughly because we are not infallible. When we realize that an error has been made at our end by reason of misrepresentation or insufficient evidence we take appropriate measures to correct same and when on the contrary, we disregard the application.

“In this instant case, Chief Owonla requested for a review of his case and after a thorough review and verification from the court and the state surveyor-general’s office, which confirmed that the land falls outside Alhaji Alli’s vendors land ‘Soremekun family’ we found that there was indeed a miscarriage of justice flowing from misrepresentation of facts by Alhaji Alli.

” I personally issued the advise for the discontinuance of the case in court. Since the dispute arose from land dispute, we made attempt to engage the parties in our Restorative Justice programme and invited them for a meeting. Both parties attended the meeting and we had fruitful deliberations and further scheduled another meeting. My office was however shocked when Alhaji Alli informed us that he was no longer interested in the meeting and that he would rather pursue his case in court.”

“I must also state categorically that the AG had no influence over my legal advice . It was solely the decision of my office and it was in the interest of justice.”