Judge Declines To Hear Multiple Charges Against Auxiliary, Orders Transfer Of Ibadan Case

This decision was made during a hearing on Monday, concerning multiple serious charges against the former Chairman of the Disciplinary Committee of the Park Management System.

The case, identified as suit number I/74c/2024, was scheduled for a hearing involving charges brought by the state against Auxiliary.

However, the hearing could not proceed due to a disagreement among the counsels regarding whether the court should handle two separate cases involving the defendant.

Auxiliary, who was present in court, is facing an array of charges including armed robbery, murder, attempted murder, and illegal possession of firearms, which include an AK-47 assault rifle and two submachine guns (SMGs) with magazines.

According to the charge sheet, these offenses contravene the provisions outlined in Section 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act, CAP RII, Vol.14, Laws of the Federation of Nigeria, 2004.

The charges against Auxiliary relate to two significant incidents: the first concerning alleged criminal activities that occurred at the residence of Governor Seyi Makinde on May 29, 2020, while the second involves offenses that took place in Igboora during the campaign leading to the 2023 elections.

Before the proceedings commenced, Justice Adetujoye inquired whether the counsels could reach an agreement on the court’s jurisdiction to hear both cases simultaneously. The inability to reach such an agreement led to the decision to reassign the case to ensure a fair and impartial judicial process.

In his response, the Director of Public Prosecution, S.O Adeoye, who led the team of lawyers on behalf of the state government, told the court that the state had no objection to the request.

Other lawyers in the team include three Senior State Counsels S. A. Osuolale, Isa Busari, G. A. Ramoni and O. A. Sobande.

But, in a counter-response, counsel to the defendant, Olalekan Ojo, a Senior Advocate of Nigeria said his client would prefer that the two cases be heard by different courts.

He noted that if the court starts the hearing of the case as scheduled, the other matter should be transferred to another court.

The Senior Advocate said he raised the objection after due consultation with his client and after taking into consideration so many variables.

The Judge commented that if any case were to be transferred, it would be the one set for Monday, as it falls under Ibadan’s jurisdiction.

She added that the case from Igboora would remain with her court, as it is within her original jurisdiction, even while she sits in Ibadan as a Fiat Court.