Kwara court summons Police to explain detention of Governor Ahmed's aide

Nine police officers and at least 24 others lost their lives when a group of around 30 armed robbers attacked Union Bank, Eco Bank, Guaranty Trust Bank, First Bank, Zenith Bank and Ibolo Micro Finance Bank,as well as the Owode Police Station in Offa, Kwara State, on April 5, 2018.

22 suspects have been arrested and some of them were presented to the press during a media briefing on June 3, 2018.

During the course of investigations, the main gang leader, Ayoade Akinnibosun (aka, AY), named Senate President, Bukola Saraki and Governor Ahmed as his gang's political sponsors.

Akinnibosun further disclosed that a Lexus jeep GX-300, which was used during the robbery, was a gift from Saraki which he received through Ahmed's Chief of Staff, Yusuf Abdulwahab, who was also been arrested in connection to the robbery.

The vehicle was used in the robbery with a sticker plate number inscribed with "SARAKI" and registered to "Kwara, State of Harmony". Abdulwahab allegedly replaced the vehicle's number plate with a new one (registration number: Kwara, KMA 143 RM) and registered it in Akinnibosun's name to cover up its identity.

Governor Ahmed's personal assistant on politics, Olalekan, was arrested in connection with the robbery as he allegedly attempted to hide the vehicle in question. A revolver pistol and pump action gun were also allegedly recovered from his farm.

During a sitting of the High Court on Thursday, July 26, 2018, Olalekan's lead counsel, Adelodun Ibrahim (SAN), bemoaned his client's continued detention and the failure of the police to release Abdulwahab even though he has been granted bail by another high court in the state.

Ibrahim told newsmen after yesterday's proceeding that the refusal of the police to obey the court order on Abdulwahab was worrisome and might lead to a loss of confidence in the fairness of the police to handle such cases.

Even though the police force was not represented at Thursday's proceeding, Adelodun told the court they had been served all the processes related to the case.

Alabi has been in detention since May 28, 2018, and has not been arraigned before any court of law, a development Adelodun argued is in contravention of the provisions of Order 4, Rules 3 and 4 of the Fundamental Rights enforcement procedure rules (2009) as well as Sections 34, 35, 36, 37, 41 And 46 of the Constitution of the Federal Republic of Nigeria.

The presiding judge, Justice Adebayo Yusuf, ruled that there was nothing in the constitution that allows the detention of a suspect without trial for a period beyond 24 hours where there is a court or 48 hours in environment where there is no court.

In his short ruling, following the application by Adelodun for an interim bail for the suspect pending the determination of the substantive application, Justice Yusuf court aligned with the position of the SAN but decided to allow the police another opportunity to defend its position.

"The position of the law is as stated by the leaned silk, however I'm inclined to hear from the respondent to come to court and show cause why the applicant should not be released from their custody, since they have been served the motion on notice", the judge ruled.

While moving the application, Adelodun pointed out that the detention of the applicant for 60 days without trial is a prima facie case of a breach of his rights to liberty as enshrined in section 35 (7) of the constitution and pointed out that Section 122 of the Evidence Act empowers the court to take judicial notice of the time involved in the exchange of written addresses and affidavit by parties which can compound the suffering of the applicant.

"We are not asking the court to declare our client guilty or innocent at this stage but the police has no right to keep a suspect forever," he said citing the decision of the Appeal Court in the case of EFCC vs Akingbola, (2015 NWLR p1470,pgh249,pp290) to buttress his submission.

Justice Yusufdirected the police to appear before the court on Wednesday, August 1, 2018.