The Ondo State Security Network Agency, codenamed ‘Amotekun Corps’, has arraigned one John Bidemi, before an Akure Magistrate’s Court for attempting to kill a-70-year-old woman.
The defendant, according to the Prosecution, attempted to kill the septuagenarian identified as Victoria Omotayo, by stabbing her with a knife on July 12,2021. Nigeria
The charge revealed that the accused, also escaped from custody, during the ENDSARS jail break on October 22,2020 in Benin, while in the lawful custody of the Correctional facility, and thereby committed an offence punishable under Section 135 (a) of the Criminal Code Law Cap. 37, Vol. 1, Law of Ondo State.
The prosecution counsel, O.F Akeredolu, stressing that the court lacked jurisdiction to entertain criminal matters like attempted murder, he stated that the offence of attempted murder, he stated that the offence is liable to life imprisonment under the mandatory Section 230 ( 2) of the Ondo State Criminal Code.
Akeredolu, therefore, sought for an adjournment to enable him transfer the case file to the office of the Director of Public Prosecution (DPP) for legal advice.
He submitted that the court has the statutory power to remand the defendant at the correctional centre till the legal advice was issued.
Counsel to the defendant, Yemi Salau, who urged the court not to remand the accused said the proper procedure according to
Section 226(9) must be followed strictly so that the liberty of the accused will not be affected as a citizen of Nigeria.
He canvassed that: “Under the Criminal Justice Law, there is a provision for it, that if you are seeking remand in court, you must come with an application to remand such fellow which was not followed in this instance. So, any remand made by this court is unlawful.
He urged the court to grant the defendant bail on a liberal terms, promising that he will not jump bail.
Ruling on the argument, the Chief Magistrate, Musa Al-Yunus, however said the court has jurisdiction to try the case.
On whether the second offence could be tried in Ondo State, Al Yunus said though it happened in Benin, it could also be tried in Ondo State because it’s the same court of competent jurisdiction.
The Magistrate then ordered the remand of the accused person in correctional facility pending the outcome of advice from the DPP and adjourned the case till August 23.
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