In a remarkable legal victory, the Foundation for Public Interest Law and Development successfully secured the release of Enejo Gabriel, who had been incarcerated for ten years. Honorable Justice Ibironke Harrison, sitting at the TBS Complex, Lagos Judicial Division, discharged Gabriel on November 9, 2023, following an application by his counsel, Yusuf Temilola NURUDEEN, based on constitutional provisions.
Gabriel was arrested in 2013 on a murder allegation related to the death of Azeez Omotosho. Despite being detained for 237 days and subsequent legal proceedings, the case faced delays and lack of diligent prosecution. The Foundation intervened, applying for the enforcement of Gabriel’s fundamental rights in December 2021.
Enejo Gabriel a Police Officer was arrested on 2nd of November, 2013, on an allegation of Murder for causing the death of one Azeez Omotosho at Ajisegiri Street, Shogunle, Oshodi, Lagos State while responding to a distress call from the control room of a free for all fight in Oshodi area of Lagos State. He was arrested and detained for two hundred and thirty-seven (237) days or seven months and twenty-five days, from the 2nd of November, 2013 to the 26th of June, 2014, before he was brought before HIS HONOUR MRS. E. B. DAUDU of the Magistrate Court of Lagos State in the Ebute Metta Magisterial District at Court 6 for a remand proceeding. Upon his remand on 26th of June, 2014, Mr. Enejo was not brought to court for proper arraignment despite bail applications denied by the High Court of Lagos State, till we applied for the enforcement of his fundamental rights on 31st of December, 2021 before the Federal High Court Lagos Judicial Division.
Sequel to the application for the enforcement of his fundamental rights, the Director of Public Prosecution filed information against him on the 22nd of August, 2022. He was arraigned before Hon. Justice Harrison on the 8th of June, 2023. Considering the longevity of the case, the Court ordered an accelerated hearing and gave four (4) for the persecution to prove his case. However, the prosecution could not provide witnesses before the Court for his trial.
Yusuf arguing his application made a passionate appeal to the Court to strike out the matter for want of diligent prosecution. He submitted that the state cannot dump the defendant on the court. And that it is indeed against the spirit of our criminal justice system. It should never be allowed or encouraged. In response to the application the prosecution counsel I. A. Erikotola eft the issue to the discretion of the Court.
Court in its ruling the Court held that since it was evident that the possibility of the prosecution getting a witness to prove their case is not visible, the Court is constrained to strike out the charge brought against the Defendant and accordingly discharge him.
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