Magistrate Fowowe Erusiafe (Mrs.), of an Ebute-metta Chief Magistrate's Court, has ordered the remand of two brothers, Ihesiaba Ifeanyi 28, and Ihesiaba Hope, 33, in prisons custody till August 11, over currency counterfeit.
The Ihesiaba's were charged before the court by the men of State Criminal Investigation and Intelligence Department (SCIID), of Lagos State Police Command, Panti-Yaba, on five counts charges bordering on unlawful possession of counterfeit currency, and issuing of counterfeit currency.
The police prosecutor, inspector Goddy Osuyi, had informed the court that the two brothers were arrested on May 25, 2016, at about 7 p.m., at Magodo gate Isheri, with 78 pieces of Nigeria's N1000 notes.
Mr. Osuyi also informed the court that one of the two brothers, Ifeanyi, did offered a fake N1000 note to one Favour Umelo, knowing fully well that the currency was a Counterfeit.
The offences according to the prosecutor, are punishable under sections 6(2)(a)(b), 5(b)(2) and punishable under section 5(a) and 5(b)(2) of the Counterfeit Currency (Special Provision) Act Cap. C35, Laws of the Federation of Nigeria.
The two brothers however pleaded not guilty to the charges.
Upon the pleas of the two brothers, the prosecutor, Osuyi, urged the court to remand them in prison custody pending when they will be properly arraign at the Federal High Court.
Mr. Osuyi informed the court that the police have filed the charge before the Federal High Court, but the matter is yet to be assigned to any court.
He therefore urged the court to grant the remand application.
In opposition to the remand application, Mr. Ola Ogunbiyi, lawyer to the two defendants, urged the court to discontinuance the remand applications brought before it by the police.
He said the offences which his clients are charged with are bail able ones, and that they are presumed to be innocent until otherwise is proved.
Mr. Ogunbiyi also said by remanding them in prison until when the case shall be assigned to a judge at the Federal High Court, is like keeping them in custody permanently, especially, when the Federal High Court is on holiday now.
He therefore urged the court to admit his clients bail in most liberal terms, or remand them in the custody of the police.
Ruling on the submissions of both parties, Magistrate Erusiafe (Mrs.), pronounced: "I have gone through the applications for remand, as well as listened to the submission of the lawyer to the defendants.
"I hereby granted the prosecution's applications for remand. The defendants are to be remanded in prisons custody for the first 30 day, if at the end of the 30 days they were not arraigned before the Federal High Court, I will be left with no option than to admit them to bail".
The matter has been adjourned to August 11.
The Ihesiaba's were charged before the court by the men of State Criminal Investigation and Intelligence Department (SCIID), of Lagos State Police Command, Panti-Yaba, on five counts charges bordering on unlawful possession of counterfeit currency, and issuing of counterfeit currency.
The police prosecutor, inspector Goddy Osuyi, had informed the court that the two brothers were arrested on May 25, 2016, at about 7 p.m., at Magodo gate Isheri, with 78 pieces of Nigeria's N1000 notes.
Mr. Osuyi also informed the court that one of the two brothers, Ifeanyi, did offered a fake N1000 note to one Favour Umelo, knowing fully well that the currency was a Counterfeit.
The offences according to the prosecutor, are punishable under sections 6(2)(a)(b), 5(b)(2) and punishable under section 5(a) and 5(b)(2) of the Counterfeit Currency (Special Provision) Act Cap. C35, Laws of the Federation of Nigeria.
The two brothers however pleaded not guilty to the charges.
Upon the pleas of the two brothers, the prosecutor, Osuyi, urged the court to remand them in prison custody pending when they will be properly arraign at the Federal High Court.
Mr. Osuyi informed the court that the police have filed the charge before the Federal High Court, but the matter is yet to be assigned to any court.
He therefore urged the court to grant the remand application.
In opposition to the remand application, Mr. Ola Ogunbiyi, lawyer to the two defendants, urged the court to discontinuance the remand applications brought before it by the police.
He said the offences which his clients are charged with are bail able ones, and that they are presumed to be innocent until otherwise is proved.
Mr. Ogunbiyi also said by remanding them in prison until when the case shall be assigned to a judge at the Federal High Court, is like keeping them in custody permanently, especially, when the Federal High Court is on holiday now.
He therefore urged the court to admit his clients bail in most liberal terms, or remand them in the custody of the police.
Ruling on the submissions of both parties, Magistrate Erusiafe (Mrs.), pronounced: "I have gone through the applications for remand, as well as listened to the submission of the lawyer to the defendants.
"I hereby granted the prosecution's applications for remand. The defendants are to be remanded in prisons custody for the first 30 day, if at the end of the 30 days they were not arraigned before the Federal High Court, I will be left with no option than to admit them to bail".
The matter has been adjourned to August 11.
No comments:
Post a Comment