This Day (Lagos)

Nigeria: Ogundeji - Court Orders Arrest of ACP

Lagos — A coroner sitting at the Yaba Magistrate's Court, yesterday ordered immediate arrest of an Assistant Commissioner of Police, Johnson Adeniken, over his refusal to appear before the coroner, on the death of a member of THISDAY Newspapers Editorial Board, Mr Abayomi Ogundeji, despite repeated order.

Presiding magistrate, Senior Magistrate Mukaila Fadeyi, had on five occasions, spanning three months, summoned Adeniken to appear before him to no avail. He even issued a bench warrant which was also ignored.

Fadeyi directed the Inspector General of Police, Mr Mike Okiro, to effect the arrest of Adeniken and ensure that he was brought to court at the next adjourned date.

Adeniken was the former Divisional Police Officer (DPO), Idimu Police Station, where the case of Abayomi's death was first reported and investigated.

Obviously angry, Fadeyi said the country would not tolerate the likes of Adeniken who incessantly flout court orders, saying he was not above the laws of the land.

He said, "if he had not been told at all, ACP Adeniken cannot tell this court that he does not read the newspapers to know that he had been summoned since March this year, to appear before this court. We cannot tolerate a state of anomie. He is not above the law; hence he must subject himself to the rule of law.

"I have tried not to criminalise anybody, but ACP Adeniken is making a ridicule of this court. He cannot claim that he is not aware of this inquest, neither could the Inspector General. Before it gets to anybody else's turn, we should all rise up and shout against this act. If those who are meant to protect us suddenly become incommunicado, then the country is in trouble."

Apparently referring to last week's revelation that a key witness in the ongoing coroner inquest had been assassinated, Magistrate Fadeyi said the IGP has every reason to come and offer protection to people. "People are dying and those who are to protect us are suddenly becoming incommunicado, then other witnesses have reasons to fear for their lives and may refuse to appear before the coroner, " he said.

The coroner recalled that since March 9, 2009, when he was first invited to appear in court, ACP Adeniken has not shown any reason why he could not obey the order of the court.

The order for his arrest was consequent upon a motion moved by counsel to the Nigeria Union of Journalist (NUJ), Mr Femi Falana, who urged the coroner to exercise the powers of arrest conferred on him under the Lagos State Coroners' System Law, 2007.

Falana argued that Adeniken could not claim ignorance of the orders of the court, adding that his attitude merely confirmed the lackadaisical way of handling important issues by the Nigeria Police.

He submitted that if for any reason he could not appear before the court, he ought to have at least informed the court by writing.

Falana warned that his flagrant disobedience of court orders, if not checked, would send wrong signals to other witnesses who are yet to testify.

On her part, counsel to the Police, Ezenma, told the court that Adeniken could not be reached on his two mobile phones, as they were not responding.

She informed the court that the Department of Police Legal Services, through the commissioner in charge, had been contacted to assist in locating him .

She also said the Investigative Police Officer (IPO) after the last adjourned date, was able to trace other witnesses, Mr and Mrs Suraju Azeez Folarin, but discovered that they were out of town.

The police counsel added that currently, Corporal Obenten had been detailed to constantly check on the witnesses to know when they would come back.

Meanwhile, the court heard the testimony of one Corporal Omotosho who was said to be at the Police radio room when the information about Abayomi Ogundeji's death was sent to the police.

Omotosho told the court that he received the information through a distress line that armed robbers were shooting sporadically at Dopemu area, near Tower Alumminum.

According to him, the message came through an MTN line which he could not remember. He also informed the coroner that the then DPO of Idimu Police Station, (now ACP Adeniken) came to the radio room with extracts, which was used to establish the identity of the late Ogundeji.

He said he immediately contacted Chief Security Officer of THISDAY Newspapers about the incident. Further hearing in the inquest had been adjourned till July 22, 2009.

The late Ogundeji was killed in a controversial manner on August 17, 2008, at the Dopemu area of Lagos, and a coroner's inquest to unravel circumstances leading to his death began on Friday, January 23, 2008.

The inquest was sequel to a request made by a lawyer to the NUJ, Femi Falana, who in turn, forwarded a petition dated August 22, 2008, to Lagos State Attorney-General and Commissioner for Justice, Olasupo Shasore, SAN, claiming that Ogundeji was killed in a violent and suspicious manner.

Falana also urged Shasore to invoke his power under Section 45(i) of the Lagos State Coroner's Law 2007, and directed that an inquest into Ogundeji's murder be held without further delay.

Shasore later approved the inquest and directed the chief coroner for the state to inaugurate the coroner's inquest.


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