A Lagos High Court Sitting in Igbosere, Lagos Island has vacated the order for the arrest of one Shola Olumofe, the second defendant in the trial of 10 defendants charged in the collapse of a five-story building at Lekki, Lagos, on March 8, 2016.
Five persons were reportedly killed during the building collapse.
Other defendants are Richard Nyong, Henry Odofin, Molabake Mortune, Omotilewa Joseph, Marius Agwu, Lekki Gardens Estate Ltd, Get Too Rich Investment Ltd, HC Insight Solutions Ltd and Artech Insignia Ltd.
On May 24, when the case first came up for the arraignment of the defendants, were all present in court except Olumofe.
His counsel, Richard Ahonaruogho, challenged his inclusion in six charges bordering on failure to obtain a building permit and involuntary manslaughter.
He had also urged the court to dispense with his presence until his application challenging the jurisdiction of the court was heard and determined.
The Attorney General of Lagos, Adeniji Kazeem, who led the prosecution had however challenged his application, insisting that the second defendant must first make himself available in court before the court could hear his application.
Justice Sybil Nwaka agreed with the prosecution and issued a warrant for his arrest.
At the resumed hearing on Wednesday, a new counsel to Olumofe, Mr George Oguntade (SAN), urged the court to vacate the bench warrant as the defendant was now present in court.
He also told the court that Olumofe was sick and was receiving treatment in London.
Oguntade also asked the court to hear his preliminary application, urging the court to quash the charge.
The lawyer also urged the court to strike out Olumofe’s name from the charge, adding that the second defendant’s name was wrongly joined in the charge.
He said that the charge did not disclose any prima facie case against Olumofe.
“The proof of evidence does not disclose any case against the second defendant. Up till now, the second defendant has never been invited by the police to make any statement about this case.
“It is our submission that the failure to take the statement of my client, is fatal to this charge brought before the court,” Oguntade said.
In response to Oguntade’s argument, the Prosecutor, T. K. Shitta-Bey, the Director of Public Prosecutions (DPP), did not oppose the application for the bench warrant to be vacated.
Shitta-Bey, however, told the court that the prosecution had filed a 19-paragraph affidavit opposing the preliminary objection of the second defendant.
She said that the right to object to an information/charge filed could not be activated until the prosecution closed its case.
“The right to a fair hearing becomes activated during the trial and not during the investigation,” Shitta-Bey said.
The DPP also told the court that the prosecutor’s powers of the Attorney General (AG) is not subject to any other investigative agency including the police.
She, therefore, said that a suspect has a right to remain silent during the investigation does not mean that a charge cannot be brought against him.
“I submit that when an AG is armed with sufficient materials against a defendant, he does not need to engage the police or any other agency.
Justice Sybil Nwaka after listening to all the argument vacated the bench warrant issued against the second defendant.
She said, “bench warrant placed on the second defendant, Olumofe, on June 1, is hereby discharged.”
Nwaka, however, adjourned until June 29 for ruling on the preliminary application and for arraignment.
