Justice Okon Abang of the Federal High Court, Lagos has suspended ruling on the ‘no case’ submission filed by 20 accused men standing trial over alleged pipeline vandalism and murder, following an application by the police asking the court to stay proceedings.
The accused persons include Felix Yayu, Ijou Faya, Yakubu Ebiwei, Augustine Ebiwei, Tamara Dembofa, Owei Atile, Agbara Tiewei, Rufus Godwin, Tiery Koiyetin, and Ebis Sobijoh.
Others are Ibori Lawrence, Eberebu Ibori, Atinuke Odewale, Fatai Ishola, Ahmed Bashorun, Odewale Waheed, Susan Viana, Tuesday Filatei, Yeiyah Yellow, and Ismail Abdullahi.
They are accused of killing nine police officers in an oil bunkering deal at the Arepo Area of Ogun State on May 24, 2014.
The application for stay of proceedings by the police was brought to the court’s notice on Thursday, February 5, which prevented Abang from delivering his ruling on the no-case application filed by the defence.
When the case was called, Abang announced that he would no longer be able to deliver his ruling because he had discovered an application for a stay of proceedings in the case file.
He held that it is the position of the law that all pending applications be heard before a ruling is delivered, and “having seen the fresh application, the court could not pretend.”
The judge had closed the case of the prosecution on October 20, 2014 for want of diligent prosecution and had granted the defence leave to file a no-case application.
However, the ruling could not be delivered as the police asked for a stay of proceedings pending the outcome of its appeal against the closure of its case.
They also asked for the leave of the court to arraign the accused on a fresh charge bordering on kidnapping.
The case was adjourned till February 11, 2015 for hearing.
The accused were arraigned on August 7, 2014 on a 14-count charge of conspiracy, pipeline vandalism, oil theft, and unlawful killings.
They pleaded not guilty and have since been remanded in prison custody as the court refused them bail on the grounds that the allegations against them are grave. Instead, the court has ordered for accelerated hearing of the case.
The accused are alleged to have murdered Assistant Superintendent of Police, Abdullahi Bature, Inspector Raymond Oriere, Inspector Usman Mohammed, and Inspector Tijani Jimoh.
They also allegedly murdered Cpl. Elogbamen Timothy, Inspector Oguntihemen Kolawole, Cpl. Yakubu Aliyu, Cpl. Usman Abdukarim, and Cpl. Dauda Mohammed.
The policemen were allegedly killed during illegal oil theft by the accused.
The alleged offences contravene Sections 3(6), 4(a), 7 (a) (b), 17 (a) of the Miscellaneous Offences Act and Section 319 of the Criminal Code 2004.
