An Ebutte-metta Chief Magistrate’s Court, Lagos, on Friday, ordered the remand of Managing Director of Lekki Gardens, Mr. Richard Nyong, owner of five Storey building that collapsed in Lekki area of the state on Wednesday at the police custody
The court presided over by Chief Magistrate Folashade Botoku also ordered the remand of one of the contractors that supervised the collapsed structure, Mr. Taiwo Odofin.
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The remand order of the court was premised on an ex-parte application brought before the court by the Officer-in-Charge of Legal Department of Police, Mr. Eno-Edobor Thomas, a Chief Superintendent of Police.
Arguing the ex-parte application for the two suspects remand, Mr. Godwin Osuyi, from the Legal Department of police informed the court that the application which was in pursuant to sections 6(6), 35 of Nigeria of 1999 constitution, section 4 and 10 laws of the federation and section 224(1) of Administration of Criminal Justice of Lagos State of Nigeria, 2011, to enable the police to conclude its investigation on the matter.
Osuyi further informed the court that application is supported with a 19 paragraph-affidavit deposed to by Inspector Alli Wesere, and attached with five exhibits.
The exhibits according to Osuyi includes: extract from police diary of the collapsed building: statements of the suspects: photography of the suspects and do photography of the deceased.
He also informed the court that in compliance with the rule of the court, a written address dated March 11, 16, which has two issues for court’s determination.
He therefore urged the court to remand the two suspects till when police will conclude conclude its investigation and proper charge will be file against the suspects.
However, in opposing the police remand applications, Olabode Olanipekun and Uangbooje Femi, lawyers to the two suspects, urged the court either admit bail to their clients in liberal term, or made an order directing the suspects to be reporting to the police during working hours.
Olanipekun particularly cited a case of Abiola Vs FRN, where he said the trial judge approved the application for the release of the accused person, who was charged for treasonable offences.
He therefore urged the court to grant his applications for the release of this suspects.
In response to Olanipekun’s submission, while insisting that the suspects should be remanded until the period the police conclude its investigation on the matter, Osuyi said what is before the court is an application for remand not a charge.
Osuyi therefore urged the court to remand the suspects in police custody for police to conclude its investigation and the suspects will be charge to court.
Ruling on the submissions of both parties, Chief Magistrate Botoku upheld the application of the prosecution, and ordered that the two suspects be remanded at State Criminal Investigation and Intelligence Department, SCIID, Panti-Yaba, for the first 30 days.
She subsequently adjourned the matter till April 12, 2016
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