An Igbosere Magistare's Court has remanded five men in prison custody over alleged armed robbery and murder pending the legal advice from the office of the Director of Public Prosecution DPP.
The defendants are Samuel Igwe 43, Fatai Dauda 40, Godwin Ibong 45, Yomi Oguntade 45 and Evans Nwosu 41.
Magistrate Mrs A. T Omoyele, remanded the defendants after listening to the oral remand application by the Prosecutor Cyriacus Osuji and the Defence counsel's application to grant the defendants bail.
Osuji urged the Court to remand the defendants in prison custody,pending the legal advice from the office of DPP.
He said that the application is sequel to Section 264 (1) of the Administration of Criminal Justice of Lagos State 2011.
The prosecutor said "Our ground is based on the fact that the defendants conspired amongst themselves while in Prison Custody and carried out robbery at Deckay Group Nigeria ltd and in the process of carrying out the robbery one of the security Guards was murdered."
The lawyer to the defendants Daniel Abbey in his oral application opposed the remand application, on the grounds that all the defendants have been in Police custody for more than two months.
He said that if the application is granted it will cause further violation of their fundamental human rights which has already been trampled on by the police. Abbey urged the Court to grant his application of admiting the defendants to bail stating that all the defendants are still presumed innocent until proven guilty.
He said " The defendants has family who depend solely on them for their survival they are suffering untold hardship, so we urge the court to grant them bail."
However the magistrate in her ruling said she quite sympathize with the defendants but that the court did not find a probable cause to grant the defendants bail.
" I here by order that they be remanded in prison custody for the first 30 days pending the legal advice from DPP, and the prosecutor should duplicate the case file and forward to DPP, for legal advice.
Consequently the case was adjourned till September 7, for the outcome of DPP's advice.
It was gathered that the defendants and others who are still at large were alleged to have committed the offences on May 31, 2016, at about 1 a.m, at 17/18, kolawole Street, Ajao Estate, Lagos.
The defendants while armed with gun, cutlasses and other dangerous weapons break and enter into two Warehouses and robbed two truck load of Haano tin tomatoes, truck load of rims of paper and aluminium roofing sheets and rolls which are all valued at N50million, property of Deckay group Nigeria ltd company which is represented by one Soji Obasanya.
The defendants were also alleged to have caused the death of one Romanus Onyeneke during the robbery operation by tying him up and hit him with Iron on his forehead.
It was further gathered that the defendants while they were in prison for different offences that they had committed formed a gang and after their release from the prison, they met again to carry out the robbery and murder.
However the defendants were apprehended after a service provider hacked into one of the phones that they stole and changed the sim.
The offences committed is punishable under sections 409, 295 and 221 of the criminal law of Lagos state 2011.
The defendants are Samuel Igwe 43, Fatai Dauda 40, Godwin Ibong 45, Yomi Oguntade 45 and Evans Nwosu 41.
Magistrate Mrs A. T Omoyele, remanded the defendants after listening to the oral remand application by the Prosecutor Cyriacus Osuji and the Defence counsel's application to grant the defendants bail.
Osuji urged the Court to remand the defendants in prison custody,pending the legal advice from the office of DPP.
He said that the application is sequel to Section 264 (1) of the Administration of Criminal Justice of Lagos State 2011.
The prosecutor said "Our ground is based on the fact that the defendants conspired amongst themselves while in Prison Custody and carried out robbery at Deckay Group Nigeria ltd and in the process of carrying out the robbery one of the security Guards was murdered."
The lawyer to the defendants Daniel Abbey in his oral application opposed the remand application, on the grounds that all the defendants have been in Police custody for more than two months.
He said that if the application is granted it will cause further violation of their fundamental human rights which has already been trampled on by the police. Abbey urged the Court to grant his application of admiting the defendants to bail stating that all the defendants are still presumed innocent until proven guilty.
He said " The defendants has family who depend solely on them for their survival they are suffering untold hardship, so we urge the court to grant them bail."
However the magistrate in her ruling said she quite sympathize with the defendants but that the court did not find a probable cause to grant the defendants bail.
" I here by order that they be remanded in prison custody for the first 30 days pending the legal advice from DPP, and the prosecutor should duplicate the case file and forward to DPP, for legal advice.
Consequently the case was adjourned till September 7, for the outcome of DPP's advice.
It was gathered that the defendants and others who are still at large were alleged to have committed the offences on May 31, 2016, at about 1 a.m, at 17/18, kolawole Street, Ajao Estate, Lagos.
The defendants while armed with gun, cutlasses and other dangerous weapons break and enter into two Warehouses and robbed two truck load of Haano tin tomatoes, truck load of rims of paper and aluminium roofing sheets and rolls which are all valued at N50million, property of Deckay group Nigeria ltd company which is represented by one Soji Obasanya.
The defendants were also alleged to have caused the death of one Romanus Onyeneke during the robbery operation by tying him up and hit him with Iron on his forehead.
It was further gathered that the defendants while they were in prison for different offences that they had committed formed a gang and after their release from the prison, they met again to carry out the robbery and murder.
However the defendants were apprehended after a service provider hacked into one of the phones that they stole and changed the sim.
The offences committed is punishable under sections 409, 295 and 221 of the criminal law of Lagos state 2011.
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