- An Ilorin high court has summoned the IGP, Ibrahim Idris over the April 5, armed robbery in Offa
- The court wanted Idris's view on the continued detention of personal assistant to governor Abdulfatah Ahmed, Lekan Alabi, over the armed robbery
- Justice Adebayo Yusuf said there is nothing in the constitution that allows the detention of a suspect without trial for a period beyond 24 hours
An Ilorin high court ordered the IGP, Ibrahim Idris, to appear before it on Wednesday, August 1, to justify the continued detention of a personal assistant to governor Abdulfatah Ahmed, Lekan Alabi, who was arrested over the April 5, armed robbery in Offa.
Nigerian Tribune reports that the lead counsel to the suspect, Adelodun Ibrahim (SAN), condemned the failure of the police to release chief of staff to the Kwara state governor, Yusuf Abdulwahab.
The senior advocate of Nigeria, who is leading other four lawyers, said the refusal of the police to obey the court order on AbdulWahab was worrisome.
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Addressing the court on the matter of the personal assistant to the governor, the lead counsel said that the police was not represented at yesterday’s proceedings, adding that they had been served all the processes related to the case.
It is recalled that the case was brought to Ilorin following the refusal of a Federal High court in Abuja to hear it as the alleged crime was committed in Kwara State.
He said that Alabi had been in detention for over two months (May 28, 2018) and had not been arraigned before any court of law, a development Adelodun argued is in contravention of the provisions of Order 4, Rules 3 and 4 of the Fundamental Rights enforcement procedure rules (2009) as well as Sections 34, 35, 36, 37, 41 and 46 of the Constitution of the Federal Republic of Nigeria.
Adelodun had while moving the application pointed out that the detention of the applicant for 60 days without trial is a prima facie case of a breach of his rights to liberty as enshrined in section 35 (7) of the constitution and pointed out that Section 122 of the Evidence Act empowers the court to take judicial notice of the time involved in the exchange of written addresses and affidavit by parties which can compound the suffering of the applicant.
He said: “We are not asking the court to declare our client guilty or innocent at this stage but the police have no right to keep a suspect forever.”
Justice Adebayo Yusuf, while making his order at the court sitting, said that there was nothing in the constitution that allows the detention of a suspect without trial for a period beyond 24 hours where there is a court or 48 hours in an environment where there is no court.
In a short ruling following the application by Adelodun for an interim bail for the suspect pending the determination of the substantive application, the court aligned with the position of the SAN but decided to allow the police another opportunity to defend its position.
“The position of the law is as stated by the learned silk, however I’m inclined to hear from the respondent to come to court and show cause why the applicant should not be released from their custody, since they have been served the motion on notice”, the judge said adding that it is clear that the police can not change the constitution.
Meanwhile, NAIJ.com had reported that the Attorney General of the Federation, Abubakar Malami called for further investigation into the indictment of the Senate Ppesident Saraki and the governor of Kwara state, Abdulfattah Ahmed, in the Offa bank robbery.
Malami in a letter to the inspector general of police, Ibrahim Idris, said the police would need to ramp up their investigation and painstakingly explore all critical areas before identifying the Senate president as a suspect in the carnage, much less filing charges against him.
The letter dated June 22, signed for Malami by DPP Mohammed Umar said only six prime suspects should be charged to court for armed robbery and murder which could draw capital punishment upon conviction.
Nigeria News: Offa Bank Robbery - The Untold Story (NAIJ EXCLUSIVE) | on NAIJ.com TV: