A Lagos-based lawyer, Eyitayo Tolulope Abiodun, has urged the Attorney General of the Federation and Minister of Justice to take over his client’s prosecution from the National Drug Law Enforcement Agency (NDLEA), accusing NDLEA officials of demanding a bribe.
The letter to the Attorney-General of the Federation/Minister for Justice, dated June 2, 2024, was captioned: “Request to Take Over of Criminal Matter of Suit No: FHC/L/CS/1453/23, Federal Republic of Nigeria V. Hamed Omotayo Ali & Anor brought under the Provision of Section 174(1) of Constitution of Federal Republic of Nigeria 1999 (As Amended).
His client, Hamed Omotayo Ali, is being prosecuted by the NDLEA at the Lagos Division of the Federal High Court on alleged drug trafficking in a charge numbered FHC/L/CS/1453/23 before Justice Chukwujekwu Aneke. He urged the attorney general to take over the case file to ensure justice.
“We hereby humbly write to respectfully request that your office takes over the prosecution of Suit No: FHC/L/CS/1453/23, currently pending before Justice Aneke and was supposed to come up on 4th of June 2024, at Federal High Court, in Ikoyi, Lagos State,” the petition stated.
It added, “The respondent in the suit mentioned above filed an application vide suit No. FHC/L/CS/2017/23, to enforce his Fundamental Rights on the ground that officers of the National Drugs Laws Enforcement, without lawful justification, unlawfully invaded property belonging to our client where his son resides.
“That upon the unlawful invasion, the agency claimed to have found substance suspected to be illicit drug in the apartment. And went on to publish in the newspaper and in turn seal the premises without a valid Order of the Court, the agency, in turn, changed the use of the residential apartment into a mini detention camp.”
The letter also noted that “when the matter came up for hearing counsel to the agency informed the Court that a counter affidavit has been filed and agreed that service of same will be effected” and that counsel to the agency “proposed interactive meetings as officers in the temple of justice to really hear from our clients and upon the interaction he suggested that the issue be resolved amicably.”
It added, “That our client directed that we search the records of court, at Justice C. J. Aneke’s Court and discovered that the counsel has applied before the Honourable Court for an Order to make the Interim Order for Forfeiture absolute, on the strength of this we caused a motion to be filed informing the Honourable, court that the order was obtained through suppression and concealment of fact and that the thighs found in the house are things used for preservatives and grilling accessory with cooling gas.”
The defendant’s lawyer further alleged that the anti-narcotics agency had decided to conduct the case in a way unfit for a public officer, hence his application for the office of AGF to take over the prosecution of the suit.
He stated, “Our humble request is that since the public is interested in the proper performance of his duty, the public is supposed to be entitled to the fittest person procurable. The act of the personnel of the agency to have demanded for money does not give the assurance that for the agency to continue to be investigator and at the same time prosecutor, the interest of Justice will not be best serve, justice is rooted in confidence.
“We urge your good office to invoke the provision of Section 174 (1) paragraph (b) Constitution of the Federal Republic on Nigeria 1999 as amended 2018. Sir, the Law of Evidence applicable in Nigeria frown at a situation of compelling anyone to give evidence against his/her self, our client was never summons nor invited by the agency, and the personnel has decided to use an alleged report made 11 months after the unlawful invasion as exhibit against our client we are still appalled by the contemporaneity of the report couple with draft tenancy agreement which was never executed by anyone which the agency took away from the office of our client and decided to use same as exhibit calls for scrutiny.”
Against this backdrop, he urged the AGF to use his “good office to take over prosecution of Suit No: FHC/L/CS/1453/23, Federal Republic of Nigeria V. Hamed Omotayo Ali & Anor in order to review the file and ensure that Justice is done. The axiom of law is that it is good to free 99 criminals than to unjustly punish one innocent person.”
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