•Discharges defendant
A case of malicious damage brought against a fashion designer, Lukman Adeniyi, by the Divisional Police Officer in charge of Iyaganku police station, in Ibadan, Oyo State, CSP Alex Sani Gwazah has been dismissed.
The fashion designer was also discharged by Magistrates’ Court 8, sitting at Iyaganku in Ibadan.
The court struck out the case on Tuesday, November 17, 2020.
The magistrate, Olajumoke Akande, gave the ruling after the DPO, who was the complainant, was absent in court for the second time.
He had not shown up the first day the defendant was arraigned, making the magistrate to adjourn the case for hearing on November 17.
Gwazah had arraigned Adeniyi through a charge sheet he signed himself as the complainant, over claims that the defendant damaged the clothes he gave him to sew.
Adeniyi was first arraigned on Tuesday, November 3, at the court, in a case with suit number MI/881C/2020.
On Tuesday, the police prosecutor, Sergeant Gbemisola Adedeji, had informed the court that the complainant was not available because he was a member of the panel hearing cases on EndSARS protests, set up by the Oyo State government.
But the defence counsel debunked the claim, saying that the DPO was not a member of the panel, and could not have attended a meeting he was not invited to be part of.
The counsel also informed the court that according to Section 352 subsection 1, Administration of Criminal Justice Law of Oyo State, 2016, if a complainant was not in court to present his case, then the case is bound to be dismissed.
In her ruling, Akande, struck out the case and discharged the fashion designer.
The magistrate had stated that if the case was important to the nominal complainant, then, no matter the assignment he was having, he ought to have taken an excuse from others and found time to come to court.
She spoke that though the prosecutor said that the complainant could not come to court because he was a member of a committee set up for EndSARS protests, the counsel to the defendant debunked it.
“Since the excuse of the non-appearance of the complainant in the court by the prosecutor has been debunked by the learned defence counsel, and since the prosecutor did not raise an objection, as regards it…, such act of keeping mute amounts to acceptance,” the Magistrate stated.
She said the case was slated for hearing, and the complainant was absent “without a tenable excuse, which clearly shows an act of unseriousness, as regards this case.
“Hence, the charge against the defendant is hereby dismissed, and the defendant is accordingly discharged.”
Speaking after the ruling, the counsel to the defendant, Mr Jubril Mohammed expressed satisfaction at the ruling of the court.
“The DPO chickened out today. He was not in court. And the law does not permit a complainant not coming to court, especially when he had adequate notice of today’s proceedings.
“He deliberately refused to come to court, probably because he was beginning to realize that court is not a police station. Court is for serious business,” Mohammed said.
On the next line of action the defence counsel and other human rights would take, Barrister Mohammed said that he and other human rights lawyers would not allow the case to end after the court’s ruling.
He disclosed that they were going to file a complaint before retired Justice Badejoko Adeniji’s panel that had just been inaugurated by the Oyo State Governor, Engineer Seyi Makinde.
“The defendant in this matter suffered a lot in the hands of the DPO, who is supposed to be a custodian of the law.
“The defendant was brutal used, he was assaulted, he was cheated.
“We will ensure justice is done to the defendant.
“We will also pursue a legal action for malicious prosecution and damages in court against the DPO,” the Counsel said.
The discharged defendant, Adeniyi, also expressed joy at the ruling, which he said had showed he had been vindicated.
Adeniyi said that knowing that he had not committed any offence, he had confidence that justice would prevail.
Two weeks ago, Thenewsbearer had reported how DPO Gwazah allegedly assaulted the fashion designer by slapping him on October 31, after which he locked him in a cell at Iyaganku, Ibadan, for two days, before granting him bail on November 2.
The DPO had gone ahead to charge Adeniyi to court on November 3, accusing him of malicious damage of his clothes, which he said was worth N181,000.
He had yet to pay the N60,000 as charges for the job done, as agreed on by him and Adeniyi.
Despite entreaties from many quarters that he should not arraign the fashion designer, Gwazah was overheard in a recorded conversation, while speaking with a journalist, that he would never forgive the fashion designer, even if the Inspector General of Police or President Mohammad Buhari tried to intervene.
“Walahi Talahi, I will never forgive this man. If he likes, let him call the IG(P); let him call the President (Buhari),” DPO Gwazah had said in his recorded voice.
