Ige: Oyo Govt Withdraws Discharge Application
From Ademola Adeyemo in Ibadan
The Attorney General of Oyo State, Mr. Lekan Latinwo yesterday withdrew the "nolle prosequi" application he filed on Monday to discharge four accused persons currently undergoing trial for conspiracy and murder of Chief Bola Ige, former Attorney-General of the Federation.
Latinwo had on Monday through a counsel in his ministry, Mr. Olubunmi Ogunniran, filed an application to discontinue the case against four accused persons Alani Omisore, Jelili Adesiyan, Lambe Oyasope, Kunle Alao, all political associates of Otunba Iyiola Omisore.
However, the presiding judge, Justice Atilade Ojo refused to discharge the accused persons. The judge insisted on hearing from the lead prosecuting counsel, Chief Debo Akande (SAN) before acting on the "nolle prosequi" application entered.
But yesterday, a legal officer from the Ministry of Justice, Mr Bayo Adegbite told the judge the effort he had made to notify Akande about the development in the court last Monday.
He told the court that he did not see Akande in Lagos when he visited his chamber.
He however shocked the court when he announced that he had an instruction from the Attorney General to withdraw the "nolle prosequi" entered on Monday in respect of the four accused persons. "I have the instruction of the AG to withdraw the nolle entered yesterday (Monday) in respect of the four accused persons," Adegbite said.
Counsel to the accused persons, Gboyega Oyewole and Otunba Kunle Kalejaiye, opposed the application to withdraw the nolle.
"We are surprised by the application of the state counsel, we urge the court to reject the application. It is belated on the basis that we are here today for the court to discharge the accused persons.
"The matter has been concluded effectively yesterday subject to Chief Akande's notification, it should be noted that there was no application of withdrawal before your lordship," Oyewole said.
According to Oyewole, "It was established that the exercise of the power of AG is either done by him personally or by making a writen application properly filed before the court."
"The constitution is not a child's play that should be played up and down at the whims and caprices of anybody even the AG," he said.
Also, Kalejaiye urged the court to reject the application saying that "once a nolle is filed, the proceeding is terminated, what is left of the court is to formally pronounce the termination."
However, the legal officers submitted that it has not been shown that the AG was misdirected or that it was forced on him to withdraw the nolle. "The AG has the power to file and withdraw the nolle, it cannot be subjected to questioning," he said.
Justice Atilade Ojo however adjourned to deliver his ruling on the matter.
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