We secured freedom on 27th June, 2023 for a downtrodden citizen, Ms. Olufunmilayo Eriolowa.https://twitter.com/InibeheEffiong/status/1674674268712386560?t=J6yUCcIx9_WVsqcHgMdYxQ&s=08
She spent over a month in the Kirikiri Custodial Centre after she was arraigned and remanded on charges of assault on a police officer and resisting arrest.
We took up her case pro bono.
We visited her a couple of times in Kirikiri and also represented her in the court.
On the 27th day of June, 2023, we applied to the Lagos Magistrate Court to strike-out the charge and discharge her.
We had also perfected her bail, but we had to get the entire case terminated.
The court agreed with us that the failure of the police to produce witnesses and the complainant in court on all the four occasions that the case came amounted to want of diligent prosecution.
Below is a report published by the Punch Newspapers.
Lagos court acquits woman charged with assault on police
A 33-year-old woman, Olufumilayo Eriolowa, who was remanded at the Kirikiri Correctional Centre for allegedly assaulting a police officer, Olufowobi Nureni, at the Ogombo area of Lagos State, has been freed of all the charges.
Eriolowa, who had been remanded in custody since May 17, 2023, was freed by Magistrate M. O. Alao of the Magistrates’ Court in Eti-Osa, Lagos, after the case was struck out.
The PUNCH had reported that the state Police Public Relations Officer, SP Benjamin Hundeyin, in a post on Twitter, revealed that was remanded for allegedly assaulting a policeman in the state.
The post read, “Somewhere in Ogombo yesterday, she assaulted a police officer. She was arraigned today and has been remanded to the Kirikiri correctional facility till June 6 when the case comes up again in court.”
Earlier, the hair stylist was arraigned before Magistrate M. O. Alao on two counts bordering on assault and resisting arrest at the Magistrate Court of Lagos, Eti-Osa.
The police prosecutor, Jacob Samuel, during her arraignment, prayed to the court to remand the defendant in police custody.
Granting the request, Alao ordered that Eriolowa be remanded for 21 days in police custody pending the completion of the police investigation.
The charges read in part, “That you, Olufumilayo Erioluwa, on May 14, 2023, around 9pm, at Ajah, Eti-Osa, in the Lagos Magistrate District, did commit a felony with a serious assault on one Olufowobi Nureni, an Inspector and hereby commit an offence under Section 174 Criminal Law of Lagos State, 2015.
“That you, Olufumilayo Erioluwa, on the same date, time and place, in the aforementioned Magisterial District, assaulted, resisted, obstructed and unlawfully prevented one Olufowobi Nureni, an Inspector attach to the Ogombo Divisional Headquarters, in the course of executing his lawful and official duty and thereby committed an offence punishable Under Section 174 (b) (c) and (e) of the Criminal Law of Lagos State.
Eriolowa, however, pleaded not guilty to the accusations and the case was adjourned till June 6, 2023.
Meanwhile, a rights activist, Inibehe Effiong and his team took over Eriolowa’s case.
According to Effiong, the police could not produce a witness, and the complainant in court, adding that the Kirikiri Correctional Center did not also produce Eriolowa in court.
He said, “On June 6 when the case came up a second time, my team and I were able to secure bail for her. She was admitted to bail in the sum of N100,000 with two sureties in like sum.”
Effiong explained that they were working on perfecting her bail terms when the case was struck out.
He said, “The complainant, Olufowobi Nureni, who claimed he was assaulted, did not show up in court for all the times the case was in court. The Kirikiri Correctional Centre did not also produce her in court, and the case was adjourned a third time till June 27, 2023.
"We had however taken steps to perfect the bail before the charge was struck out. The police could not provide any evidence, witness, or complainant in court and so we pleaded that the case be struck out and the Magistrate saw reason with us and did the right thing according to the law. She is freed and discharged and the charges against her have been struck out on June 27, 2023.”
https://www.google.com/amp/s/punchng.com/lagos-court-acquits-woman-charged-with-assault-on-police/%3famp
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