A former local government Chairman and aspiring House of Assembly member, Hon. Ibrahim Mustapha has petitioned the Attorney General of Lagos State, Mr. Adeniji Kazeem Over legal advice issued by the Director Of Public Prosecution, DPP in a criminal charges with the suit No. B/102/2018 and B/103/2018before a Lagos Magistrates Court, Igbosere.
According to the petition filed by his lawyer, Hon. Mustapha alleged that the a legal advice dated 29th October 2018 purportedly issued by the office of the DPP was wrongfully given.
The lawyer, Bolaji Benson in a 3-page petition also alleged that the legal advice which reads and covers names of three individuals including one Ganiyu Sanni Okanlawon was returned by the DPP, whereas only case files of two persons was sent to the office by the Police Prosecutor.
According to him, On October 2, 2018, an attempt was made on the life of his client (Hon.Mustapha ) thereby causing him grievous bodily injury, upon which a petition was written to the office of the Inspector General of Police, and investigation commenced and certain individuals were also arrested.
“Of about six suspects, two (Rasak Akinwale and Yomi Adedayo) were arrested and charged before the Magistrate Court of Lagos (Court 2) Igbosere18th and 25th of October 2018 respectively.
Upon their arraignment, the prosecutor applied that they be remanded in custody pending the legal advice of the Directorate of Public Prosecution (DPP) and the cases were adjourned to 2nd November 2018.
“We are reliably informed with evidence at our disposal that the Police Prosecutor submitted applications for the said legal advice on the 23rd and 29th of October 2018 respectively but to our surprise and utmost disdain, we discovered that a legal advice dated 29th October 2018 was purportedly issued by the office of the DPP on a date which coincides with the same date the case file in Charge B/103/2018 was sent to the said office.”
The Lawyer further held that, despite the overwhelming evidence, including matchetes, videos of attacks, pictures of our client’s bruised skull and medical reports, etc., what the DPP concluded by its hasty and adumbral advice is that our client’s case and allegation is based on mere suspicion.
” It is also worthy to note sir that upon the issuance of the legal advice a copy of which was sent to the Court, the accused persons were released from custody on the 30th day of October 2018 despite the case having been adjourned to the 2nd day of November 2018.
“Whilst not being oblivious of the constitutional powers of the office of the HAG and the DPP alike on instituting and discontinuing criminal proceedings at will, we wish to state that same must not be exercised arbitrarily in the face of clear evidence otherwise, we may successfully be returning the State and in fact the entire country into a state of anarchy and lawlessness,” he said.
Urging the Attorney General to take necessary action against the petition, Mr. said Bolaji Benson: “We urge you to use your good office to direct a review of the said advice which has led many to wonder when the office of the DPP which ordinarily takes its time and exhibit professionalism has all of a sudden turned to a tool favouring criminals and letting them off the hook in the face of apparent criminal allegation.