An Ebute-Meta Chief Magistrates’ Court in Lagos Monday remanded a Nigerian Security and Civil Defense Corps (NSCDC) operative, Innocent Oshemi, accused of shooting his colleague and a Korean to death on April 8, 2019.
Magistrate M. C. Ayinde made the order following an application signed by the Officer in Charge (Legal) of the Lagos State Police Command, Mr Asuquo Effiong, an Assistant Commissioner (ACP).
She ordered that the defendant be remanded in prison custody and the duplicate file sent to the Lagos State Directorate of Public Prosecution (DDP), for legal advice.
Prosecuting Sergeant Adetutu Sanusi told the court, in a charge marked JA/13/2019 that Oshemi, 32, allegedly committed the offence at about 1:55pm on April 8, at the Lagos Deep Offshore Logistics (LADOL) Free Zone, Tarkwa-Bay Island, where he was on guard duty.
She said Oshemi, of Ette Centre, Enugu, following an argument, shot and killed his colleague, Mamman Wuyah, 28, and a Korean, Taekkun Kang, 47, who died in a hospital.
The court heard that the shots were fired from a G3 Riffle issued to him, “by the Nigeria Security and Civil Defense Corps (NSCDC), for guard duties.”
According to Sanusi, the offence contravened Section 222 and was punishable under Section 223 of the Criminal Law of Lagos State, 2015.
Oshemi’s plea was not taken.
Sanusi moved the application for a remand warrant.
“Your honour a remand warrant is in the courts file. We hereby make an application to remand the defendant,” she said.
But defence counsel S.O. Ogunbiyi opposed her.
He said: “Remand proceedings are not automatic. Section 264 of the Administration of Criminal Justice Law 2015 provides that the prosecution must satisfy the court as to why the defendant should be remanded.
“The law allows the court to make an enquiry as to whether it is an appropriate case for remand. We shall be urging the court to do same in this case.”
Following his prayer, Magistrate Ayinde enquired about the case from the Investigative Police Officer, Mr Oderinde Gaffar, a Deputy Superintendent (DSP).
Gaffar answered: “The scene of the crime was visited. The point where the first deceased (Wuyah) was shot as well as where the second deceased (Kang) was also shot were visited. The second deceased was shot about 15 yards near where the first deceased was shot. We’ve visited the hospital where the deceased were taken. The CCTV (Closed Circuit Television) which covers the area and captured the incident has also been retrieved.”
In a bench ruling, Magistrate Ayinde upheld the prosecution’s application.
She held: “I’ve gone through the case file and I am of the view that there are further questions requiring some explanation.
“I therefore remand the defendant in prison custody for 30 days, pending advice on the matter from the Directorate of Public Prosecutions (DPP).
“The case is adjourned till 6th June, 2019.”
Author: Robert Egbe