By Jude-Ken Ojinnaka
Following the police report which indicted a prominent Lagos State traditional ruler, Oba Saheed Elegushi and others, a Lagos businessman, Prince Toluwaleke Megba has filed a suit asking the court to compel the Attorney General of the Federation (AGF) to prosecute the Oba.
Joined as plaintiff to Prince Megba in
Suit No: FHC/CS/L/2153/2022 is a company, Lucky Megba Ojonla Nigeria Limited.
The plaintiffs are seeking court’s order of Mandamus compelling the AGF to prosecute Oba Saheed Elegushi and others consequent upon a police report dated July 5, 2021. According to the police report cited by TheNiche, Oba Elegushi and others were indicted for trespass, wilful destruction to properties, forceful entry, conspiracy, amongst others.
Other suspects indicted by the police report which the plaintiffs want the AGF to prosecute are , Chief Kehinde Hassan Elegushi, Mr Wael Almansour, Karim Almansour Contracting and Development Ltd, and Chinedu Nweke. The police report established a prima facie case against all of them.
According to the motion on notice filed and argued by the plaintiffs’ counsel, Mr Declan Kemdirim before Justice Kehinde Ogundare, it was averred that by a petition dated 18th September 2019, the applicants as victims of the actions of Oba Elegushi and others, complained to the office of the Inspector General of Police about the criminal infractions committed against their persons.
The plaintiffs stated that the petition was assigned by the Inspector General of Police to the Deputy Inspector General of Police (DIG Investigation) for thorough investigation and that the office of the DIG (investigation) in turn, assigned one ACP Gabriel Elaigwu to investigate the complaint/allegation
It was also averred that after a thorough investigation, a prima facie case of conspiracy, malicious damage to property, forcible entry, etc were established against the suspects vide a Police investigation report dated 5″ July 2021.
“The said investigation report was sent to the DIG Investigation who in tum forwarded it to the office of the Commissioner of Police legal/prosecution section of the Police Headquarters for legal advice.
“The Commissioner of Police legal/prosecution section confirmed the indictment of the suspects through a legal advice dated 24th February 2022 and recommended the prosecution of the suspects. The said legal advice was then sent back to the DIG Investigation for consideration and further directives.”
Kemdirim submitted that at this point the applicants requested and with consent of the Police authorities, forwarded the case file to the office of the AGF as the alleged offences committed by the suspects are offences under the Criminal Code Act Cap 38 LFN 2004 and can only be prosecuted by the agents of the Federal Government.
“They are offences created by the Law of the Federation under the Act of the National Assembly which by virtue of Section 174(1)(a) of the 1999 constitution of the Federal Republic of Nigeria, (as amended) the Respondent -AGF is under obligation to prosecute.
The plaintiffs argued that the Respondent for reasons unknown to them has failed, refused and or neglected to prosecute the suspects, stating that it runs contrary to the provisions of Section 174(1) (a) of the 1999 constitution of the Federal Republic of Nigeria (as amended)
Consequently, the applicants are asking the court to grant an order of Mandamus compelling the AGF as a public officer to perform his constitutional duty under Section 174 ( 1) ( a ) to prosecute the persons who have been indicted by the police for allegedly committing an offence under the criminal Code Act Cap 38 LFN 2004.
According to the statement of fact attached to the motion on notice, the plaintiffs said since the indictment of the suspects, they have visited the office of the AGF severally to know what was delaying prosecution of the suspects, but were told in August 2022 that the Lagos State Attorney General had requested for the case file.
Upon receipt of the information, the applicants said they promptly wrote a protest letter against the request from the Lagos AG for the case file and urged the AGF not to grant the request but to go ahead and prosecute.
On why the applicants opposed the release of the case file to the Lagos AG, the plaintiffs said the Lagos state AG is an interested party in the matter as they have sued the suspects and the AG Lagos state in a civil case number FHC/ L/CS/655/17 and CA/LAG/CV/193/20.
But in the notice of preliminary objection filed by the office of the Attorney General of the Federation, dated 3rd April 2023, the AGF said it has discretionary power on who to prosecute.
The AGF also submitted in their notice of objection that the offences alleged to have been committed by the suspects are state offences which can be prosecuted by the State Attorney General.
Meanwhile the trial Judge, Justice Kehinde Ogundare has adjourned ruling on the application till May 30, 2024.
