A
Yaba Magistrate’s Court, Lagos on Tuesday ordered the re-arrest of Orji
Osita, one of the pharmacists accused in the murder of Cynthia Osokogu.
Osokogu was allegedly killed in a hotel room in FESTAC area of Lagos by her two Facebook friends on July 22, 2012.
Osita
and his pharmacist colleague, Maduakor Chukwunonso alongside Okwumo
Nwabufo, Olisaeloka Ezike, Nonso Ezike, Olisaeloka’s younger brother,
and Chinonso Ezeaka and Gideon Okechukwu had been charged in connection
with the murder.
Justice
Adeniyi Onigbanjo, of an Ikeja High Court, had on November 20 released
Osita and Chukwunonso, after they filed an application to enforce their
fundamental human rights.
But
at the hearing of the DPP’s advice on Tuesday before Magistrate
Olalekan Aka-Bashorun, the officer in charge of the Legal Department of
the State Criminal Investigation Department of the Lagos State Police
Command, Chukwu Agwu, said the police were served with two different
copies of the DPP’s advice.
Agwu
said the police were initially furnished with a DPP advice dated
November 1 with reference No. LJP/HOM/2012/143/24 before they got
another one dated November 16 with reference No. LJP/HOM/2012/143/ 30.
According
to Agwu, the DPP gave the second advice after they made a
“representation that the first advice did not articulate all the facts,”
adding that the second advice which he claimed to be “superior, correct
and authentic” was given in the wisdom of the DPP.
He
said, “Following the latest advice, we have another charge for the
third defendant (Osita) and I don’t know why he (Osita) and the fourth
defendant Chukwunonso are not in court today.”
Agwu also denied the knowledge that a high court had freed the two pharmacists.
Agwu
said, “In view of this situation, I urge this honourable court to
invoke Section 79 of the Administration of Criminal Justice Law of Lagos
State and order the arrest of Osita so that he can face the new charge
against him.”
Chris
Obiaka, lawyer of Osita and Chukwunonso, said the DPP who purportedly
issued the second advice on November 16 was duly represented at the
Ikeja High Court on November 20 and did not raise an objection to their
“unconditional release.”
He
said, “We served the police just as we served the DPP the hearing
notice at the Ikeja High Court together with the various court
processes.
“Now,
it’s quite surprising that another advice has emanated from the same
office (DPP) and I don’t know whether they obtained further evidence to
guide them in this new advice. We urge the court to tread with caution
in making any ruling or order.”
Aka-Bashorun,
after hearing arguments from parties on the application made by Agwu,
said, “Section 79 is hereby invoked and law enforcement agents should
compel his attendance before this court at the next adjourned date.”
After
the copy of the DPP’s second advice was duplicated and provided to the
lawyers of the seven accused persons on the order of the court, Agwu
said the advice exonerated Chukwunonso, Okechukwu and Chinonso the
fourth, fifth and seventh defendants respectively.
Their
lawyers, subsequently applied that they be discharged and released from
custody pursuant to Section 72(1) of the Administration of Criminal
Justice Law of Lagos State 2011.
Ruling
on this, Aka-Bashorun granted their prayers saying, “The fourth, fifth
and seventh defendants are hereby released unconditionally from the
Ikoyi Prison custody.”
In
the first advice signed by M.B. Olaniyi, on behalf of the DPP, it was
stated that no prima facie case of any criminal offence was established
against Osita.
But
the second advice signed by Olayide Eboda, of the Directorate of Public
Prosecution said a “prima facie case of reckless and negligent acts was
established against Osita contrary to Section 249 (1) of the Criminal
Law of Lagos State 2011.”
It
added that facts revealed that the second defendant (Olisaeloka) had
identified Osita as the “pharmacist who sold the drug, Rohypnol
Flunitrazepan, to him without prescription.”
The
second DPP advice also stated that there were “sufficient facts to
establish a prima facie case of conspiracy to commit murder, murder,
conspiracy to commit felony to wit stealing and stealing against
Nwabufo and Olisaeloka contrary to sections 231, 221, 409 and 285 (1)
of the Criminal Law of Lagos State 2011.”
Also,
the DPP in the second advice contended that there was a prima facie
case that the sixth defendant (Nonso Ezike) was having in his possession
a thing reasonably suspected to have been stolen contrary to Section
327 of the Criminal Law of Lagos State 2011.
Aka-Bashorun
adjourned till December 17 for the ruling on the bail application made
by Nonso and Olisaeleko’s lawyers, C.G. Achomadu and O. Dada
respectively.
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