Justice Sherifat Sonaike of a Lagos High Court sitting in Tafawa Balewa Square (TBS), Lagos, yesterday, threatened to revoke a bail granted to an immigration officer, Mohammed Umar, for his absence in the ongoing trial of alleged assault on his colleague.

The court had granted him bail sometime in April 2023 after he was arraigned by the Lagos State government over the alleged offence.

The state government had in a charge marked LD/120518c/ 2022 filed against Umar, alleged that he unlawfully assaulted one Oluwafemi Adeyemi Badiru, by slapping him in his office, and caused his nose to bleed.

The alleged assault on Badiru occurred on July 30, 2019, at Nigerian Immigration Service Ikeja, Lagos.

The defendant had pleaded not guilty to the two-count charge.
His offence was contrary to Section 173, 174 (e) of the Criminal Law Ch. C17, vol. 3 Laws of Lagos State 2015.

However, when his case was called yesterday, counsel from the office of the Director of Public Prosecution (DPP), Mr. M. A Olateju and Mr. Alaba Kuku informed the court of their readiness to proceed with the case, noting that their witness, Mr Oluwafemi Badru was present in court.

When the judge asked why the defendant was not in court, his counsel, Ms O.F Osineye, said the defendant was sick, stressing that the defendant called her last night to inform her of his illness.

Meanwhile, the chambers of Fadipe and Co. had sent a letter to the court, stating that immigration office has made a move for amicable settlement of the matter, noting that appreciable progress has been made in that regard.

The letter reads: “We are pleased to report that in compliance with the much-appreciated counsel of His Lordship, Hon. Justice (Mrs) Sonaike of the High Court of Lagos State, advising parties to explore an amicable settlement of the subject matter, appreciable progress has been made in this regard.

“The Nigeria Immigration Service (NIS) has redeployed the nominal complainant, Mr. Badru Adeyemi back to Lagos command, and he has also been allowed to sit for the promotional examination that was held on August 10, 2023.

When the court asked the witness whether the matter was settled in their office, the complainant answered in the negative.

Badru further told the court that though he sat for promotion examination in August, he was threatened to withdraw the matter in court.

The development irked the court such that the judge said the defendant was not above the law, stressing that there was nothing before the court to show that the defendant could not stand trial.

“I will revoke his bail if he refuses to show up on the next adjourned date. The only person empowered by the law that can withdraw a criminal matter is the Attorney General. Even if the defendant brings an application, he has no power to withdraw the case from court.

“An offence has been committed, whosoever is culpable must be punished. We must correct that everybody is under the law. Defendant is not above the law. Tell them that it is only AG that can withdraw the case from the court. Defendant cannot continue to waste the time of the court. Why will the case be dragging?” The judge queried.

Justice Sonaike, therefore, told the defendant counsel to inform the immigration and the defendant that only AG has power to withdraw an ongoing trial.

Further hearing has been adjourned to November 8.
The court had sometime in June 2023, directed the counsel to try to resolve the matter amicably before the defendant was eventually arraigned.

The court had to order NIS to produce the defendant to take his plea before he came to court after several adjournments.

His counsel also pleaded to the court that he will attend trial before the court granted him bail.