Magistrate’s Court sitting on Lagos Island has rejected a request by the police to withdraw a murder charge against Kazeem Jinadu and two others over the death of Muda Balogun.
Magistrate K. K. Awoyinka instead ordered the police to duplicate the case file and resend a copy to the Director of Public Prosecution (DPP) for legal advice.
The police arraigned Jinadu, Maaru Amisu and Oluwatobi Ajao Tunmise before the court on a six-count charge.
It borders on murder, an offence punishable under Section 411 of the Criminal Law of Lagos State of Nigeria 2015.
The defendants and others now at large were accused of conspiring to commit murder on September 28, 2022, in the Iyana-Iba Area of Ojo.
The court was awaiting the DPP report when the police prosecutor, Stephen Molo, brought a letter dated February 2 from the Office of the Inspector-General of Police requesting a withdrawal of the case.
Molo relied on Section 73 of the Administration of Criminal Justice Law of Lagos State to ask for the discontinuation of the case.
But, the complainant’s counsel, Mubashir Oshodi, urged the Magistrate to disregard the application.
He argued that it was a bid to obstruct justice.
Ruling, Magistrate Awoyinka held that the letter was not a sufficient basis to quash the charges.
She said neither the court nor the Inspector-General had the power to dismiss or withdraw the charge at this stage.
The magistrate adjourned until February 13 for consideration of the DPP’s expected report.
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