The Lagos State Government has taken over the prosecution of a dismissed Police Inspector, Olalekan Ogunyemi, charged with the March 31 murder of a football enthusiast, Mr. Kolade Johnson.
Its Directorate of Public Prosecutions (DPP) on Monday recommended Ogunyemi’s prosecution in a high court.
Ogunyemi has been in prison custody since April 5 following his remand by an Ebute-Meta Magistrates’ Court pending DPP’s advice. The remand order was obtained by the police.
When the case was mentioned Monday, Magistrate A.O. Salawu noted that the DPP’s advice had been received.
She said it advised that Ogunyemi had a case to answer and indicated the state’s intention to prosecute him at the high court.
The DPP, she added, advised that Ogunyemi should be prosecuted in accordance with Section 223 of the Criminal Law of Lagos State, 2015.
It also advised that the second suspect in the case, Godwin Oji, had no case to answer and should be released if still in custody.
The magistrate adjourned till August 6 to enable the state to file the case before a high court.
Ogunyemi, of No. 17, Alhaji Ede Street, Igando, was brought before the court on April 6, on a temporary one-count charge of murder.
Prosecuting Inspector Kehinde Olatunde alleged that he committed the offence on March 31, at about 5:10pm, at Onipetesi Estate, Idi-Mangoro, Lagos.
Olatunde alleged that Ogunyemi, who served in the Anti-Cultism Unit of the Lagos State Police Command, shot Johnson, a 36-year-old father of one, to death, with his Ak47 rifle.
The offences, the prosecutor said, contravened Section 223 of the Criminal Law of Lagos State, 2015.
Olatunde informed the court that he had a remand application order to detain the defendant for 30 days.
The plea of the defendant was not taken by the court, because magistrates’ courts have no jurisdiction to try a charge of murder.
But the defendant’s counsel, Sola Adeyemi, opposed the remand request.
Adeyemi prayed the court to instead remand the defendant for the next 14 days.
In a bench ruling, Magistrate Salawu upheld the prosecutor’s application.