Court Rules In Police Favour To Withdraw Charge, Prosecute Emir, 4 Others

By Rafiu Agboola, Osogbo

An Osun State High Court sitting in Osogbo, on Friday granted the request of the Nigerian Police to withdraw the armed robbery charge brought against Mrs Halima Abisola Akinloye, Mr Oyeyemi Olalekan (also known as Emir) and four others still at large.

The court also ruled that the police have the right to prosecute the accused persons, over the request of Osun Government to takeover the matter.

The Police Prosecution Counsel, R.U Usman, during the court proceedings, informed the court that he wants to withdraw the initial charge against the accused persons, based on new facts on the matter and to further investigate the case.

He added that the police has arrested another suspect in connection with the matter and the suspect confirmed that the names listed in the charge were fraudulently manufactured by the second defendant (Oyeyemi Olalekan Emir).

Justice Adedotun Onibokun who presided over the matter, affirmed that the police have the right to move an application for the withdrawal of any charge to further investigate the matter before the court.

She subsequently granted the request of the Nigerian Police to withdraw the charge.

It would be recalled that Halima Akinloye, Oyeyemi Olalekan (Emir) and four others were charged by the Nigerian Police with armed robbery, in a suit number HOS/26C/2023, before the court on June 27, 2024.

Initially, when the matter came up in court in June, Barrister Moses Faremi, Assistant Detector of Public Prosecutions, Osun State Ministry of Justice told the court that he had been directed by the Attorney-General of the state to take over the case from the Inspector General of Police, relying on Section 211 of the 1999 Constitution and relevant provision of Administration of Criminal Justice Law of Osun State, 2018.

However, the Police Prosecution Counsel, Barrister R.U Usman argued that the law under which the defendants were charged is a Federal Law.

Usman argued that the accused persons were charged under the Fire Arms Act and Criminal Code Act, an Act established by the National Assembly, and that the Attorney-General of Osun can only prosecute a case under the act if and only a fiat was obtained from the Attorney’General of the federation.

When the issue of the right of prosecution came up again on Friday, Justice Onibokun ruled that the Nigerian Police should prosecute the matter, directing the state Prosecution Counsel to step down.

Addressing newsmen after the proceedings, Police Prosecutor R.U Usman, explained that the two rulings of the court were in the police favour.

“Today we applied for withdrawal of our charge, but my learned counsel objected to the application on the ground that what is before the court is to determine who has the power to prosecute the matter before the honorable court.

“The court in its wisdom gave its ruling on two matters/applications before the court.

“On the argument of who has the power to prosecute the case, the court ruled that the police has the power to prosecute the case because the laws under which the accused persons were charged are federal laws and not the law of Osun state.

“On application for withdrawal of the charge , on the ground that we want to further investigate the matter, court also ruled in our favour.” he said