A motorcyclist, Kazeem Sani, has been
set free by a Lagos State High Court sitting in Igbosere, after awaiting
trial for 10 years in the Kirikiri Medium Prison.
Sani, 34, who was accused of stealing a
mobile phone valued at N18,000, was said to have been arraigned before
an Ikeja Magistrates’ Court sometime in 2006 when the incident happened
before the case was referred to the high court.
News Men learnt that the
Ore, Ondo State indigene, was freed after the intervention of some
officials of the Lagos State Office of the Public Defender.
An official of the OPD, who spoke on
condition of anonymity, said no witness showed up for the case during
the period, adding that the matter got to the high court in 2013.
He said, “He was arrested in 2006.
However, the matter was filed at the Lagos High Court, Igbosere, on
March 27, 2013. That means he spent seven years in custody before his
case got to the high court.
“In the three years that the matter was
in court, there was no witness. Three suspects were actually arraigned,
but the others secured their bail in 2006 when the incident happened. He
also didn’t have any legal representative.
“We were just checking on the cases in
court when we came across his matter and we decided to stand for him.
Even the court was surprised that he had spent 10 years. We asked the
court that the matter be struck out for lack of diligent prosecution and
the Chief Judge, Justice Oluwatoyin Taiwo, struck out the matter.”
The official said Sani could not believe he had been set free until he was reassured by court officials to go home.
It was learnt that Sani had only been married for one year and his wife was pregnant as of the time of the incident.
Court documents obtained by News Men revealed that Sani and two others, Ezekiel Oriyomi and Bashiru Olaide, were arraigned for robbery.
The police, in the three counts, said
Sani, and others, on July 7, 2006 dispossessed one Chike of his mobile
phone valued at N18,000 at Oluti bus stop, along the Lagos-Badagry
Expressway, Lagos.
But the discharged and acquitted Sani told News Men that he did not steal the phone.
He said, “I am a tailor by craft, but
when I saw that my earnings were not sufficient to cater to the need of
my wife, whom I just married, I decided to start riding a motorcycle to
augment my income.
“While coming from my house at
Idi-Iroko, Sango, on July 6, 2006, two men asked me to carry them to
Agege. On the way, some officials of the Special Anti-Robbery Squad,
started flagging me down.
“When I stopped, the two men on my
motorcycle jumped down and started to run, but they were quickly
arrested. I was also taken to the SARS office at Ikeja.
“I asked them what my crime was and they
said I was among the robbers who always snatched people’s bags. I
denied and told them my wife was pregnant and I was just looking for my
daily bread, but they refused.”
He said the three of them were later arraigned at the Ikeja Magistrate’s Court.
He explained that the court admitted
them to bail in the sum of N50,000 with two sureties in like sum, adding
that while the two other defendants met the bail conditions and were
released, he could not meet the conditions and was, therefore, detained.
Sani told our correspondent he was moved to the Kirikiri Medium Prison where he spent 10 years without trial.
“My marriage was barely a year old then. My wife, Amina, was pregnant, and my father, who was aged, lived in Ondo.
“When I saw that my incarceration was
affecting my wife, I told her to stop coming to see me and use the
little she had to take care of herself and the pregnancy. Her parents
also promised to assist me in taking care of the child,” he added.
He explained that the other suspects stopped showing up in court while he was being taken to court without trial.
He added that there was no witness in the case and that going to court became a routine.
“I never believed I would be released. I
thought it would be the usual routine, until the DPP’s lawyer showed up
and pleaded for me.
“Justice Taiwo queried the prosecutor
that I had been in custody since 2006 and she (prosecutor) could not
even produce any evidence or witness against me. That was how I was set
free,” he said.
The Director of the OPD, Mrs. Omotola
Rotimi, who spoke through the agency’s spokesman, Adeoba Adeniji-Adele,
confirmed the incident, adding that the government planned to
reintegrate Sani into the society.
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