By Uche Amunike
A Chief Magistrate Court in Yaba, Lagos has finally authorized that Chairman, Nigerian Union of Road Transport Workers (NURTW), Azeez Lawal a.k.a Kunle Poly’s bail, which was pegged at One Million Naira (N1m) is granted and the case, transferred to a High Court, for murder.
The Chief Magistrate, Linda Balogun stated that a Prima Facie case has been established against both defendants, Kunle Poly, aged 48 and one Adekanbi Wahab, aged 38. This made her transfer the case to a high court.
According to her, Wahab will face trial for being a member of an unlawful society while Kunle Poly will be tried for accessory after the fact to murder.
After granting Kunle Poly’s bail, she explained that three other defendants who were mentioned in the advice should be discharged even though they were charged separately from the two defendants. Afterwards, she transferred the case to a high court.
Legal Counsel from the DPP, Mrs O.R. Saliu assured the court that the legal advice was already in the court’s file.
Kunle Poly’s bail and that of the 2nd defendant, Wahab, was granted after their counsel, Mr Adeshina Okulana decried that they had been held in detention for 78days, describing it as a violation of their fundamental rights. Balogun therefore ordered that apart from the N1m granted to each of the two defendants, they were to produce two sureties each as part of their bail condition.
She ruled that one of the sureties must be a religious leader or a traditional ruler and must live within the court’s jurisdiction. She also added that a self-employed person was not allowed to stand as a surety and any civil servant who wished to stand as a surety, must bring a letter from the Head of Service of the Lagos State government.
Recall that kunle Poly, the NURTW Lagos Island Branch B Chairman and Wahab were remanded on January 27th for 30 days on a temporary charge of conspiracy to commit murder, murder and membership of an unlawful society.
Even though the charge was read to the defendants on Monday, their pleas were not taken as the alleged offences contravene section 233 of the Criminal Law of Lagos State, 2015 and section 3 of the Anti-Cultism Law of Lagos State, 22021.
Because the DPP advice was not ready Chief Magistrate Linda Balogun had to adjourn the case after charging the lawyer from the directorate to ensure that he was ready in the next sitting.
The defendants were initially remanded by Balogun at the Police Zonal Monitoring Unit, Zone 2 Headquarters, Onikan- Lagos, pending further investigations. She reminded them at the Ikoyi Custodial Centre on the last and adjourned date.
On February 28, following an application by the prosecutor of the State Criminal Investigation Department, SCID, Panti, Mr Morufu Animashaun, the Magistrate renewed the order.
Now that bail has been granted, Magistrate Balogun adjourned the case to May 11 for the report on the filing of the case at a high Court.
