A Lagos State High Court sitting in Tafawa Balewa Square, on Monday ordered a suspended Assistant Superintendent of Police, Drambi Vandi, who allegedly killed a Lagos-based lawyer, Omobolanle Raheem, on Christmas Day in 2022, to open his case.
Justice Ibironke Harrison made the order after dismissing Vandi’s “no case submission.”
The court held that there was a ‘prima facie’ case made against him and therefore ordered him to open his defence.
But the defence counsel, Gbenro Gbadamosi, said the defence team would review the ruling and decide on whether to appeal.
Vandi is facing a one-count of murder preferred against him by the Lagos State Government.
He was arraigned on January 16, 2023.
The prosecution alleged that Vandi killed the 41-year-old pregnant lawyer by shooting her in the chest.
According to the prosecution, the offence contravened Section 223 of the Criminal Law of Lagos State, 2015.
He however pleaded not guilty to the charge and trial commenced immediately.
The prosecution called 11 witnesses including the deceased’s husband, Gbenga Raheem, eight police officers some of whom were the defendant’s colleagues and a pathologist.
The prosecution then closed its case on February 15, 2023.
Instead of the defendant opening his case, he told the court that he was going to file a no-case submission to quash the murder charge against him.
The court then adjourned the case to February 28, to hear the argument and adoption of final written addresses on the no-case submission.
But on February 28, the trial was stalled as the defendant was not produced in court due to the aftermath of the presidential election that was held on February 25. The case was then adjourned till March 6.
When the matter came up on March 6, the defence counsel Adetokunbo Odutola, told the court that the defendant’s application on the no-case submission was dated February 20, 2023, and filed on February 28, while the prosecution’s reply was dated February 24, 2023.
He asked the court to quash the murder charge against the defendant and discharge him, arguing that he had no case to answer.
Odutola in his arguments told the court to note among other things that none of the eyewitnesses saw the defendant shoot and that the ballistic report of the gun allegedly fired stated that the bullet cannot be linked with any of the firearms recovered from the police officers at the scene.
He also argued that the pathologist who testified mentioned that the bullet penetrated from the left through the armpit while the prosecution stated that the deceased was shot in the chest.
The prosecution led by the state Attorney General and Commissioner of Justice, Moyosore Onigbanjo (SAN), however, countered the arguments and urged the defendant to defend himself, insisting that the prosecution has successfully made its case against him.
The case was then adjourned till April 3, for a ruling.
When the matter came on Monday, Justice Harrison, in her ruling, dismissed the no-case submission.
The judge held that the prosecution led by Onigbanjo (SAN) had established sufficient oral and documentary evidence linking the defendant to the crime, which required an explanation from him.
The court ruled that the evidence of the defendant, being the only other eyewitness who had yet to testify before it about the incident, will shed light on what happened on 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 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 a reasonable doubt,” Justice Harrison said.
The court further noted that some of the witnesses had testified that they saw him shoot the deceased that day and that the defendant’s rifle was short of two pieces of ammunition upon his arrest.
While reacting to the ruling, the defence counsel, Gbenro Gbadamosi, told the judge that the defence team will review the ruling and decide on whether to appeal.
But the Lagos State Director of Public Prosecutions, 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 asked for a date for further hearing.
Consequently, the case was adjourned till May 16 for the defendant to open his defence.
