Accused sues DPP, CP over detention

49-year-old man, Olawale Aminu, has dragged the Director of Public Prosecution, DPP, and Commissioner of Police before an Ikeja High Court over his detention in prison.
Aminu, alongside three other persons, including Charlie Ebube, 40; Ogara John, 47 and Chidozie Alekwe, 21, are facing a two-count charge of felony, to wit, armed robbery, brought against them by the police.



Count 2 of the charge read: “That you Charlie Ebube, Ogara John, Chidozie Alekwe, Olawale Aminu and others now at large, on May 20, 2014, along Lagos-Ibadan Toll Gate, in the Lagos Magisterial District, did rob the sum of N500,000 and five Nokia phones valued at N50,000 property of one Mr. Adedoyin John.”
According to the charge, the offence is punishable under Section 1 (2) (a) (b) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Vol. XXII Laws of the Federation of Nigeria, 1990, as amended.
In the suit, which was brought pursuant to Section 35 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, Aminu is seeking an order discharging and releasing him from prison custody on the ground that the DPP and CP have no case against him.
However, in a letter dated September 11, 2014, the state’s DPP stated: “This office is of the view that a prima facie case of conspiracy, robbery and impersonation cannot be established against the suspects.”
At the resumed hearing, the trial judge, Justice K. A. Jose, held that service was yet to be perfected on the 1st Respondent (CP).
Subsequently, the judge adjourned till July 9 for hearing of the application, after the respondent must have been served.