By Onozure Dania

LAGOS— An Ebute-Metta magistrate’s court has ordered that a 32-year-old hotel gaurd, Azeez Ibrahim, be remanded in prison custody pending the legal advice from the office of the Director of Public Prosecutions, DPP, over the murder of a 22-year-old man, Adebusayo Ogunkoya.

The defendant, who is facing a count charge of murder preferred against him by the police, was docked before Magistrate E. B. Daudu.

The prosecutor, Inspector Richard Odigie, told the court that the defendant, who is a resident of Imuti-Ita-Oluwo in Ogun State,  committed the crime on July 6, 2014 at about 2.30am at his duty post at Mamibila Hotel, Owutu-Ikorodu, Lagos.

He said the defendant killed the deceased with a pump action gun.

According to Odigie, the offence is punishable under Section 221 of the Criminal Laws of Lagos State of Nigeria, 2011.

The prosecutor urged the court to remand the security man in prison for the first 30 days for the DPP’s advice.

He told the court that the remand application was brought pursuant to Section 246(1)(2) of the Administration of Criminal Justice of Lagos state 2011.

However, counsel to the defendant, Spurgeon Ataene, urged the court to discountenance the prosecutor’s remand application and admit the defendant to bail in the most liberal term.
Spurgeon said the application for bail was in pursuant to Section 264 (1), (5) and (9) of the Administration of Criminal Justice of Lagos state of Nigeria, 2011.

He informed the court that the defendant did not intentionally kill the deceased but that the incident occurred when some suspected hoodlums wanted to attack him.

He urged the court to use Section 264 (5) to examine the casefile to know the correct picture of the incident and admit the defendant to bail pending the time the DPP will issue an advice on the matter or alternatively to strike out the charge brought against the defendant.

He also informed the court that the family of the deceased had written a letter of withdrawal from the case.

He said: “My opposition to the remand application was sequel to Section 264 (1),(5) and (9) of the Administration of Criminal Justice of Lagos state, 2011.

“As counsel to the defendant, I have it on a good authority that there is a letter of withdrawal from the nominal complainant and that the defendant as a security man, was attacked by suspected hoodlums before the gun exploded and killed the deceased.

“If my lord examined and find that this is the correct position, your honour can come under sub-section 5 of 264 of Administration of Criminal Justice, of Lagos State and admit the defendant to bail pending an advice from DPP, or alternatively, strike out this charge.”

In his response, the prosecutor, Inspector Odigie said such letter was not before the court.
Consequently, the magistrate ordered that the defendant be remanded in prison custody for the next 30 days for DPP to issue an advice on the matter.