Tinubu Magistrate’s Court.
The
absence of a complainant during a court sitting drew the anger of the
magistrate, who subsequently granted the defendant bail and adjourned
the sitting.
Senior Magistrate L. A. Owolabi of the
Lagos Magistrate’s Court, Tinubu, Lagos Island, had presided over a case
of theft involving one Abibat Olurin, who was accused of stealing a bag
containing N207, 000. The incident was said to have occurred on
Tuesday, September 9, 2014.
Olurin was arraigned on two counts, which
police said contravened section 285 of the Criminal Law of Lagos State
of Nigeria 2011.
Parts of the charge read, “That You
Abibat Olurin on September 9, 2014 at about 12.05hours at the Lakowe
Area of Ibeju Lekki Lagos in the Lagos Magisterial District did steal
one black bag containing the sum of N207, 000, property of one Muinat
Ojomu and thereby committed an offence punishable under section 285 of
the Criminal Law of Lagos State of Nigeria 2011.”
She pleaded not guilty to the charge preferred against her.
When Owolabi requested to see the
complainant, he was told by the Investigating Police Officer that the
complainant did not come to court because she could not get permission
from her office to attend the court sitting.
The explanation did not go down well with
Owolabi, who saw the complainant’s absence as being capable of
hindering the course of justice in the case. He reminded the IPO that
the onus of proof in a criminal case lied with the state through the
police.
“How can we prosecute this matter without
the complainant? Someone cannot bring a matter to court, relax in the
comfort of his/her office and expect justice. I will have to adjourn the
case to a later date and will likely strike it out if at that date the
complainant still did not show up,” he said.
He subsequently granted the defendant
bail in the sum of N40, 000 with two sureties in like sum. The case was
adjourned till September 17, 2014 for mention.
PUNCH
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