Drama as Falana stalls prosecution of octogenarian in Lagos court

A mild drama ensured at Ikeja magistrates court 1 on Tuesday, when controversial Lawyer , Femi Falana SAN attempted to stall the arraignment of  80-year old ma Folashade Sofola.

Sofola and three others Jacob Udofia, Adeyemo Olufemi and Simeon Jacobs were arraigned on charges of stealing  , conspiracy and destruction of propertie belonging to one Nelson Elekima at Oyetubo street , off Awolowo way Ikeja , Lagos.

A federal prosecution from the Inspector General of Police , IGP Ibrahim Idris had ordered the arraignment of the Octogenarian and others  who alleged stole building materials valued N3,548,000 and N2,860,000 cash  from the premises of Elekima in Ikeja. The prosecution also charged the defendants  of forceful entrance  and breach of peace at the premises.

As all was set for taking the plea of the defendants as contained in the charge sheet MIK/A/315/2016, Mr. Falana, counsel to Sofola objected the competence of the Learned Federal prosecutor, G. C . Ijioma , CSP,to file the charge before the court.

Falana , held the floor for about ten minutes with arguments on why a federal prosecution should not be allowed in a State court. The controversy generated by this position led the magistrates Mrs O. Osasunmi to temporarily grant recess to the session for about two hours.

“ the charges are State offences, federal prosecution cannot be allowed on a State court without ‘ab initio obtaining the appropriate fiat of the attorney general of the state and commissioner of justice. Administration of criminal justice limits  police prosecution  to federal not state courts. The fiat of the attorney general must be sought.”

Falana cited  Anyebe 1986 where it states that a federal prosecutor cannot prosecute a State matter without a fiat, adding that no law has empowered a federal prosecutor to enter into a state court, file charges and evoke jurisdiction of the court.

In his submission, Ijioma cited sections 19 and 23 of police act which states that prosecutorial power conferred on the police is obviously from the attorney general and requires no other consent to do so. “ Any police prosecutor can prosecute in court in any state of the federation and Lagos is not exemption “

Osasunmi … in her ruling said though the submission of the defense counsel as regards obtaining fiat before prosecution is  tenable, the police act which empowers police prosecution of matters at any place and time in the country must be upheld. She ordered the plea to be taken.

A.F Okunga who stood in for Falana for the first defendant and  S. O Shawuyi for the second , third and fourth defendants prayed the court to grant the defendants bail on most liberal terms.

Osasunmi, granted Sofolu bail in the sum of N500,000 with one surety in like sum and must have verifiable addresses . the other defendants  must provide N500,000 each with two sureties in like sum, they must have evidence of tax payment and verifiable addresses. She adjourned the matter till March 6, 2017 for proof of evidence.