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Magistrate Abimbola Morakinyo of the Magistrate Court 6 in Isabo has refused the application of the police to remand suspected land grabber, Kehinde Lateef Kudaisi, at the Ibara Correctional Centre in Abeokuta.
The Ogun State Special Task Force Committee on Anti-Land Grabbing had arrested the suspect over allegation of land grabbing at Oloparun village close to Rounder, through police officers at the Sabo-Ilupeju police station in Abeokuta, the State capital.
The police thereafter presented Kudaisi before Magistrate Abimbola Morakinyo on Monday with an application requesting the order of the court to remand the suspect for 60 days in the first instance at the custody of the Correctional Centre, Ibara.
The prosecutor, Oredeyin Timileyin, appeal to the court to grant the order on the strength of Section 306 of the Administration of Criminal Justice and other Related Matter and Section 35 Subsection 1 of the 1999 constitution (as amended) “pending issuance of legal advice and the filling of information at the High Court in respect of the case if need be”.
The Counsel to the suspect, Wale Hebeeb Ajayi, pleaded with the court to grant bail to the suspect as Section 308 of the Administration of Criminal Justice and other Related Matter 2017 “gives your Lordship that discretion to grant bail to the defendant in the circumstance of this case.”
Ajayi argued that no charges have been brought before any competent court and “reading through the offences charged or as disclosed that none is a capital offence.”
The Prosecutor however argued that it is the High Court and not the Magistrate Court that has the jurisdiction to grant bail to the suspect as his alleged offences are related to Sections 516 and 451 of the Criminal Code Law of Ogun State 2006 as well as Sections 6(1), 4(4)(a-b) and 3(1)(2) of the Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism and Other Anti-Violence and Other Related Offences Law of Ogun State, 2016.
In her ruling, Magistrate Morakinyo said the offences against the suspect is not a capital offence and therefore could enjoy the bail of the court.
The Magistrate thereafter granted bail to the suspect in the sum of N3 million and two bond Sureties in like sum.
She however ordered that the suspect be remanded at the Correctional Centre, Ibara pending the perfection of his bail term and adjourned the case to September 9 2024 for mention.
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