LAGOS—A defence counsel, Mr. Worer
Obuagbaka, has told an Ikeja High Court that there was no victim in an
attempted armed robbery charge brought against two persons by Lagos
State Government.
He said: “There is no victim in this matter. This is a matter that nobody reported that he or she was robbed.”
Adeleye Tope, 32 and Usman Fashola, 29, whose pleas were taken on March 1, 2014, are being accused of attempting to rob one Edosa Sylvester of his Bajaj motorcycle.
They were arraigned before Justice Lateef Lawal-Akapo on a two-count charge of conspiracy to commit armed robbery and attempted armed robbery.
One of the charges read: “Adeleye Tope and Usman Fashola on April 15, 2012 at Aladiye Bus Stop, Lagos, in Ikeja Judicial Division, did attempt to rob one Edosa Sylvester of his Bajaj Motorcycle, value unknown.”
According to the prosecution, the offence is contrary to Section 296 (1) (a) of the Criminal Law of Lagos State, 2011.
Although the matter had been adjourned three times for the prosecutor, Mrs A. T. Olaleye, to provide witness, she informed the court that getting the witness to appear before it was difficult.
At the last proceeding, Olaleye asked the court for another adjournment to enable her make more effort to provide the witness.
Counsel to the defendants, Obuagbaka, said: “I sympathize with the counsel’s inability to get the witness because it is a matter this court should have looked at.
“In view of this development, I urge the court to strike out the matter. The defendants have been in custody since 2012.”
However, Justice Lawal-Akapo adjourned till November 9, 10 and 11 for trial, after warning the prosecutor that failure to provide the witness on the given dates would result in the matter being dealt with according to law.
He said: “There is no victim in this matter. This is a matter that nobody reported that he or she was robbed.”
Adeleye Tope, 32 and Usman Fashola, 29, whose pleas were taken on March 1, 2014, are being accused of attempting to rob one Edosa Sylvester of his Bajaj motorcycle.
They were arraigned before Justice Lateef Lawal-Akapo on a two-count charge of conspiracy to commit armed robbery and attempted armed robbery.
One of the charges read: “Adeleye Tope and Usman Fashola on April 15, 2012 at Aladiye Bus Stop, Lagos, in Ikeja Judicial Division, did attempt to rob one Edosa Sylvester of his Bajaj Motorcycle, value unknown.”
According to the prosecution, the offence is contrary to Section 296 (1) (a) of the Criminal Law of Lagos State, 2011.
Although the matter had been adjourned three times for the prosecutor, Mrs A. T. Olaleye, to provide witness, she informed the court that getting the witness to appear before it was difficult.
At the last proceeding, Olaleye asked the court for another adjournment to enable her make more effort to provide the witness.
Counsel to the defendants, Obuagbaka, said: “I sympathize with the counsel’s inability to get the witness because it is a matter this court should have looked at.
“In view of this development, I urge the court to strike out the matter. The defendants have been in custody since 2012.”
However, Justice Lawal-Akapo adjourned till November 9, 10 and 11 for trial, after warning the prosecutor that failure to provide the witness on the given dates would result in the matter being dealt with according to law.
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