Lagos Queries, Transfers Magistrate Over Lekki Gardens Case

The Lagos State Government has transferred Chief Magistrate Afolashade Botoku from the Ebute-Meta Magistrate’s Court.

It was gathered that the chief magistrate was transferred for granting bail to the Managing Director of Lekki Gardens, Mr. Richard Nyong, on self-recognition and admitting a contractor, Odofin Taiwo, to bail in the sum of N10m before the expiration of a remand order she had earlier granted.

Botoku was transferred on Tuesday to a lower court after she was issued a query, according to Punch reports.

It was reported that 35 people were killed after a building belonging to Lekki Gardens collapsed in the Lekki area of the state in March.

The Lagos State Governor, Akinwunmi Ambode, had ordered that Nyong and Taiwo should be arrested if they failed to submit themselves to the police.

The two men surrendered and a legal team at the State Department of Criminal Investigation, Yaba, took them to the Ebute-Meta Magistrate’s Court for an order to remand them in custody for the first 30 days.

Botoku had on March 11 granted the request before she adjourned till April 12.

However, before the expiration of the remand order, the defence counsel filed a formal application for bail, faulting the ex parte application of the police that led to the remand.

Botoku subsequently admitted the two defendants to bail, saying the prosecution did not oppose the application, among other reasons.

It was gathered that the decision did not go down well with the state government and a query was issued to Botoku.

A source in the court said she received a transfer letter on Tuesday.

He said, “I can’t give you details of the incident because this is basically a judiciary matter. But I can confirm to you that she collected the transfer letter yesterday. Nobody has been assigned to the court for now.”

Another source said the chief magistrate was transferred to a customary court, adding that she wept upon receiving the letter.

He said, “The authorities said she ought not to have granted the bail since the mandatory 30 days had not yet elapsed. If she had followed the due process by allowing the 30 days to elapse first before granting the bail, maybe this would not have happened. She was queried and taken to a customary court as punishment. She cried throughout yesterday (Tuesday).”

The source said a new magistrate from the Igbosere Magistrates’ Court had been assigned to the court.

However, another official said that the chief magistrate was removed due to many petitions written against her on the matter.

He said, “You’re correct that she has been transferred. I was told that she was taken to Alausa, Ikeja. It had to do with the Lekki Gardens’ case. A lot of people wrote petitions and a panel of enquiry was set up by the government.”

The spokesperson for the Lagos State Judicial Service Commission, Moses Akinniyi, said he was not allowed to disclose any information without authorisation.

He said, “When a decision is taken over any officer by the commission if it is for public consumption, I will be asked to release it. But if I have not been authorised to release any information, I cannot give it out. I will have to seek permission to do that.”

The Public Relations Officer of the Ministry of Justice, Mrs. Bola Akingbade, referred our correspondent to another official, whom she said was in charge of transfers in the state’s magistrates’ courts.

However, the official’s phone indicated that it was switched off.

Akingbade promised to get back to our correspondent after she was told that the contact was not reachable.

But she had yet to do so as of press time.

The Commissioner for Information and Strategy, Steve Ayorinde, could not be reached on his telephone line and he had yet to reply to a text message sent to him as of the time of filing this report.

 

Credit: Punch

Lekki Gardens MD Gets Bail On Self-Recognition

Robert Nyong, the Managing Director of Lekki Garden Homes was on Thursday granted bail on self-recognition by Chief Magistrate Afolashade Botoku of an an Ebute Meta Court.

 

She had slammed a bail of N10 million with two sureties on Taiwo Odofin, one of the contractors of the collapsed building.

 

She ordered that the duo should report at the State Criminal Investigations and lntelligence Department, SCIID, Panti-Yaba, between the hours of 10.00 a.m., and 5.00 p.m., everyday untll the police investigations were concluded.

 

She asked them to submit their international passports and should not travel out of the country untill the case was concluded.

 

The News Agency of Nigeria (NAN) reports that Botoku had on March 11 ordered the remand of Robert Nyong, MD of Lekki Garden Homes and Taiwo Odofin, one of the contractors handling the project at their first arraignment following a remand application brought before it by the police.

Nyong is the owner of the five-storey building that collapsed in Lekki area of the state which killed 35 poeople.

 

The police had urged the court to remand the two defendants pending when they would conclude investigations.

 

When the case came up on March 23 to hear their bail application, the police had failed to produce the accused and Botoku frowned at the attitude of police.

 

At the hearing, Botoku, who stood down the case for an hour, ordered the policemen to produce the accused before their bail applications could be heard.

 

The prosecution led by Mr Goddey Osuyi from the Police Legal Department, informed the court that the police failed to produce the two accused due to an intelligence report that that some hoodlums had planned to attack the court.

 

Osuyi had said that in the interest of safety, it was not advisable for the police to bring the accused to court.

 

Lawyers to the accused, Mr Olabode Olanipekun and Mr A. Uwangboje told the court that the prosecutor had informed them earlier before the court sitting and urged the court to apply its judicial discretion in entertaining the excuse.

Botoku, in her ruling, disagreed with the police submission, saying that the court will not submit to a threat, which is the duty of police to ensure that adequate security was provided.

 

She adjourned the case to March 24, and ordered police to ensure the the two accused were present in court.

 

NAN reports that the court had on March 11 granted an ex-parte application brought before it by the police, seeking to remand the two accused in its custody pending conclusion of investigation.

 

(NAN)