A Lagos High Court sitting at the Tafawa Balewa Square (TBS), yesterday, dismissed a no-case application filed by the embattled Assistant Superintendent of Police (ASP), Drambi Vandi, who allegedly killed a Lagos-based lawyer, Omobolanle Raheem, on December 25, 2022.
     
The trial judge, Ibironke Harrison, dismissed the application on the ground that the prosecution’s documentary evidence established a prima facie case against the defendant.
 
Vandi in his no case application, dated February 28, 2023, asked the court to quash the charge brought against him by Lagos State government, on the grounds of being weak and inconsistent with the evidence linking him to murder.
   
While ruling on his application, the judge held that the prosecution led by the Attorney-General of Lagos, Moyosore Onigbanjo (SAN), had established sufficient oral and documentary evidence, linking the defendant to the crime, which required explanation from him.
   
Justice Harrison further held that the evidence of the defendant, being the only eyewitness, yet to testify before the court about the incident, would shed light on what happened that day.
 
“The prosecution has established a prima facie case requiring some explanation by the defendant. The court isn’t looking at the credibility of the prosecution’s witnesses at this stage. The court will not delve into the substantive case right now. The only real issue now is whether a prima facie case has been made by the prosecution and not whether it has proved its case beyond reasonable doubt,” the court held.
 
The court, in the ruling, further held that some of the witnesses had testified that they saw him shooting the deceased that day and that the defendant’s rifle was short of two ammunitions upon his arrest.
 The judge subsequently adjourned to May 16, 2023, for the defendant to open his defence.
     
While reacting to the ruling, the defendant’s counsel, Mr. Gbenro Gbadamosi, told the judge that the defence team would review the ruling and decide on whether to appeal or not.
   
But the Lagos State Director of Public Prosecutions (DPP), Dr. Babajide Martins, said an interlocutory appeal of this nature will not stop the continuation of the trial in line with section 273 of the Administration of Criminal Justice Laws of Lagos State, and he applied for a date for further hearing.
   
Recall that on January 16, 2023, the prosecution arraigned ASP Vandi on a one-count charge of murder.
   
The defendant allegedly killed the 41-year old pregnant lawyer by shooting her in the chest.  His offence was contrary to Section 223 of the Criminal Law of Lagos State, 2015 and he had pleaded not guilty to the charge.
   
During the trial, the prosecution called 11 witnesses, which included, a pathologist, eight police officers, some of whom were the defendant’s colleagues and two eye eyewitnesses, before closing its case.