Lagos Lawyer Seeks Review Of Legal Advice Amidst Alleged Fabrication Of Evidence By Lagos DPP
Lagos Lawyer Seeks Review Of Legal Advice Amidst Alleged Fabrication Of Evidence By Lagos DPP
RAYMOND TEDUNJAYE, Lagos.
A Lagos lawyer, Chief Gabriel Giwa-Amu, has accused the Directorate of Public Prosecution (DPP) in Lagos State of alleged fabrication of evidence against his clients, Mr Abubakar Mayaki and others.
This is contained in an open letter of petition to the Director of the Directorate by Chief Giwa-Amu dated 15th October, 2024.
Giwa-Amu pointed out that the DPP allegedly fabricated the evidence with a view to arresting and prosecuting his clients in a case they know nothing about and against the legal advice of the Nigeria Police Force.
The lawyer also alleged that the DPP has refused to respond to letters written on behalf of his clients on September 9th and 30th on charge Nos: Mike/E/92/24 & Mike/E/24.
Giwa-Amu further alleged that instead of response to his letters, the DPP hurriedly and surreptitiously filed a Charge/Information in Charge No: ID/2484C/24 [Ref No: 947632024] in the Lagos State High Court of Justice, Ikeja.
He said that the position was announced by the State Counsel, Mrs. Abiola Adeoye, on the 10th of October 2024 in the Magistrate Court, Court 5, Ogba, before Senior Magistrate Lateef Owolabi.
“Since we were not served with copies of the said Charge/Information as required by law, we applied for Certified True Copy of same from the High Court of Lagos State, but we were informed that same does not exist. Our application was made on our behalf by Monday Joseph Uleyo, Esq.
“We wish to bring to your attention additional information to assist/aid your office in the review of your actions and activities following your Legal Advice with Ref No: LJP/HOM/2024/119 and the alleged corresponding Charge/Information in Charge No: ID/2484C/24 [Ref No: 947632024].
“We refer you to the following documents, which were deliberately and maliciously removed from the Police Case File with Ref No: CR/3000/X/FHQ/HCD/T.F/ABJ/VOL 29/648, surreptitiously sent to your office for Legal Advice, in breach of the Nigeria Police Practice and Procedure and chain of command.
He noted some documents to substantiate his allegations, which include: Letter from the Office of the Inspector-General of Police to the Office of the Deputy Inspector-General of Police with Ref No: 3514/IGP.SEC/ABJ/VOL.38/267 dated 9th of October 2024, with its accompanying Certified True Copy of Legal Opinion/Advice with Ref No: 3514/X/LEG/FHQ/ABJ/VOL.48/23.
A particular reference was made to the “Internal Memo” dated 7th October 2024 with Ref No: CB:3514/X/LEG/FHQ/ABJ/VOL.48/247 from the Commissioner of Police, Legal to the Inspector-General of Police, wherein in paragraph vii the Commissioner of Police, Legal/Prosecution Section, FHQ, Abuja, opined as follows:
“The Legal Advice observed scanty nature of evidence on the case to gain conviction in court as the investigation failed to prove beyond reasonable doubt as eye witness accounts could not establish the case against the suspects.”
“In view of the above facts contained in paragraph 1[b], we demand to know from your office, in the interest of justice, where in the entire Police Case File with Ref No: CR/3000/X/FHQ/HCD/T.F/ABJ/VOL 29/648, you got the facts which led you to the conclusion contained in paragraph 3 at page 4 of your Legal Advice with Ref No: LJP/HOM/2024/119, where you stated;
“In respect of Page B2- Abubakar Mayaki, this Office notes that although he was not physically present during the attack, the attackers admit to being under his employment and giving the directive for the attack to be carried out.
“Therefore, by Section 16 of the Criminal Law, 2015, he is a principal offender and is deemed to be responsible for the actions and consequences of said suspects.
” We challenge your good self to indicate/point to any statement of witnesses and/or suspects to establish the above, especially the underlined information.
“Sir, we put it to you that you fabricated evidence to sustain a false narrative in conspiracy with others to set up false allegation against our clients, to have them arrested, detained and taken to Court on a holding Charge and detained indefinitely to the pleasure of your minions and friends.
“We make bold to say, Sir, that your Legal Advice with Ref No: LJP/HOM/2024/119 was procured, and this is based on the grounds that the said Legal Advice with Ref No: LJP/HOM/2024/119, which was prepared and signed by you was presented to the Magistrate Court, Court 5, Ogba, Lagos State on the same day our clients were taken before the Magistrate on the 10th day of September 2024”.
The lawyer noted that the application of DPP in court against his clients’ remanded them in prison, stressing that the directorate had a pre-knowledge of the entire Police Case File before same was forwarded formally by the Police to the Office for Legal Advice.
Meanwhile, the open letter was copied to the Presidency, National Assembly, Police Service Commission, The National Human Rights Commission, The Office of the Attorney-General of Lagos State.
The Office of the Governor of Lagos State, The Attorney-General of the Federal Republic of Nigeria & Minister for Justice, and The ECOWAS International Court.
