Episode 5
It was brought to the Ag. I.G notice that D.I.G A.Raji is Dami's uncle, bring him to my office for questioning in the least time possible the Ag. I.G ordered as he prepare to use the game theory on him. Dami entered the Ag. I.G office with only the two of them in the office, welcome my friend, sorry on the Lost of your lover the police chief said as he spoke to him in a calm manner, he continued by asking him do you have a mother, Dami's reply was positive, the Ag. I.G told him your beloved mother will not get to see you for a long time if you fail to tell me the truth behind the death of your late girlfriend, he continued that your uncle is a senior police officer and has spoken to me on phone shortly before your arrival, your uncle can always find a way out but as for you, you're likely going to be the scape goat which is the reason you have to cooperate with me, you know police is your friend. Dami responded please officer my mother is hypertensive, the Ag. I.G cuts in, I know she's hypertensive I've seen her records at LUTH, so tell us the truth, we are the perprtrator of the bunkering Dami confessed, Ola was killed when she get to find out, what about Ashabi asked the officer, Dami replied she also became a threat, poverty lured me to it Dami lamented and uncle promised their would be no problem, I'm a graduate but couldn't get a job for over 5years, I joined because I need to take care of my mother.
The Ag. I.G charged the case to court with immediate effect thereby sending a copy to the parliament and also requesting the lawmakers to order the said D.I.G be asked to come back home to answer his case, the case was to be haired in court on Tuesday but surprisingly on Monday a team of civil society groups/ interest groups went to a higher court to with an exparte motion(do you know what an exparte order means?
An ex-parte order is a judicial proceeding or ruling that is based on argument of one party only. It is done for, on behalf of, or on the application of one party only. A judicial proceeding, order, injunction and so on, can be said to be ex-parte when it is taken or granted at the instance and for the benefit of one party only, and without notice to or contestation by any person adversely affected by it, For instance in Nigeria, the 1993 presidential elections, popularly known as ‘June 12’ was annulled by former military president, General Ibrahim Babangida (rtd), on the ground that it was conducted in contravention of an ex-parte order made in the night by a judge of the Abuja High Court) they asked the court to give an exparte order stopping the lower court from going on with the case and should also restrict the parliament from ordering D.I.G A. Raji to return home. In their analysis hairing such case at that material time will affect the nation's image in the outside world as nations would be feeling insecure with our nationalities studying and working abroad if such case is brought into limelight. The court however gave the exparte order and the D.I.G becomes free from prosecution and will not return to the country anytime soon. The action of the court of appeal generated lot of controversies as so many pundits, scholars and writers gave their opinion of the matter it was indeed a time to learn for students of Social Sciences and Law.
As soon as the Attorney general of the nation was updated about the development he filled a case to the supreme court with immediate effect praying to the court to nullify the exparte order given by the court of appeal, however there was a strong legal battle in the process as the complainant argued that the applicants of the exparte motion of which the lower court has granted are not in anyways parties to the case, however the opposing legal counsel argued that since the issue at hand has to do with the nation's external image the civil society group or interest group thus have a locus standin to apply such motion (locus standin is the right or capacity to bring an action or to appear in a court). Another argument is that the exparte motion would do more harm than good to the nation's external image the order is seeking to protect because it is criminality itself to habour a suspected criminal or to try and halt a criminal proceeding (who ever habors a criminal is also a criminal before the law). The supreme court after the arguements overruled the order and the case will commence immidiately at the High court and an order was given to the nation's embassy where D.I.G A. Raji was studying to make sure he's produced before the law court with 72hours ultimatum of which they did.
In the high court the case commence shortly, the parties to the case are Attorney general of the nation (1st claimant), the police force (2nd claimant) vs Abdulateef Raji (1st defendant), Damilola Hamza (2nd defendant), Leke Gbemikaiye (3rd defendant). The case commence with the counsel of the defendants filling a petition that the 2nd defendant although has prior confessed to be guilty and with proof against him (the police force has earlier presented a recording of Dami's confession) but such confession was made under duress and was obtained by the police through the use of severe threat and such evidence gathered through coercion of suspect (s) can not stand before the law, the defendant counsel also argued that the proof be declared void by the court and the case itself be dismissed as a result of no or insufficient proof, the claimant however argued otherwise stating that the evidence was gotten from the 2nd defendant without any intimation and the defendant counsel claim is a fallacy.
Furthermore the defendants counsel argued that the deceased (Ola) diary can not in anyway be presented as a proof before the court and even at such the deceased did not in anyway mention any of the defendants in the said diary, the defendants counsel argued further that the complainants claiming "R.A-G.I.D" in the diary implies D.I.G A. Raji is an delibrate attempt to implicate the D.I.G, also subtituting "Gold" for "CrudeOil" is another blunder by the complainants in their claim said the defendants consel, the complainants also argued otherwise as the arguments goes on and on.
The Hon. Judge however adjorn the case till 2weeks time for further examinations of the of the numerous claims, petitions and counter-arguements of both parties.
Watch out for Episode 6
Who is attorney general?
In most common law jurisdictions, the attorney general or attorney-general sometimes abbreviated AG is the main legal advisor to the government.
✍🏽 Lawal Sultan
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