LAGOS—AN Ikorodu High Court has ordered the release of 280 armed robbery awaiting trial inmates of the Kirikiri Prison, Lagos who have spent an upward of three years in prison without any evidence or information filed against them by the prosecution to enable them face trial.
However, realising the dangers of releasing such large numbers of detainees to the society, the Inspector-General of Police, Mr. Tafa Balogun, has raised an alarm over the judgement, urging caution by the Lagos State government.
Three hundred and fifty awaiting trial in-mates of the Kirikiri Prison had filed a motion on notice last year July through the Nigerian Bar Association (NBA) Ikorodu branch, praying for an order declaring their detention in prisons custody between three to ten years without trial illegal, unconstitutional and a violation of their fundamental rights to life, dignity of human person, personal liberty and fair hearing as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria.
Besides they prayed for an order discharging them and directing their release from prison custody forthwith.
The Lagos State Commissioner of Police, the State Director of Public Prosecution, (DPP), Comptroller of Prisons, Lagos State Command and the Attorney-General of the Federation and Minister of Justice were the respondents in the case.
One year after leave of the court was granted to the in-mates, Justice M. Olokoba of the Ikorodu High Court, delivered a judgement, and ordered an unconditional release of 280 out of the 350 applicants for the failure of the prosecution team to file any information against them.
The matter was brought by motion on Notice, pursuant to section 46 of the 1999 Constitution, order 2, Rule 1 and order 6 Rule 1 of the Fundamental Rights (Ratification and Enforcement) Act, laws of the Federation of Nigeria 1990 and the inherent jurisdiction of the court. Lagos lawyer, Mr. Nurudeen Ogbara and others represented the applicants while the state DPP, Mrs Bola Okikiolu Ighile represented the prosecution with other representatives of the Nigerian Bar Association (NBA), the National Human Rights Commission (NHRC) appearing as amisucs-curiae in the one year old case.
The accused persons who were kept in the prison on the order of the magistrate court or the high court from Mushin, Ikeja, Apapa and Ikorodu between 1993 - 2000, were detained for alleged offences ranging from conspiracy to commit armed robbery, robbery, stealing and murder.
In his judgement, Justice Olokoba held that “my conclusion on this is that the Respondents have failed to prove as it is incumbent on them to do; that the applicants in detention against whom no information has been filed and against whom no proofs of evidence have been produced were or are being detained on suspicion of the commission of the criminal offences”.
The judge held that the rights of the 280 in-mates whom no information or evidence have been filed against them have been breached.
According to him “In the final result of this application, the application of the applicants in scheduled A, succeeds and I order concerning them as follows:
The applicants in schedule A are hereby ordered to be discharged and released from Kirikiri prison forthwith. The application of the applicants in schedule B are dismissed.
However, armed with the judgement during his visit to the Lagos Chief Judge, the State Commissioner of Police, Mr. Israel Ajao, protested the judgement, saying the Inspector General of Police expressed fear that if the in-mates are released, it will “rubbish and jeopardise” the efforts of the force to combat and reduce crimes, especially armed robbery in the country.
He pleaded with the Chief Judge to ensure that something is done to examine the case properly before action is carried out on the judgement.
Also, Vanguard learnt that the state Ministry of Justice has commenced action to appeal the judgement of the court.
