Chief Magistrate Olabisi Ogunkanmi of Court 1, Iyaganku, Ibadan, has ordered the remand of Olori Prophetess Naomi Silekunola, former wife of the Ooni of Ife; Alhaji Oriyomi Hamzat, owner of Agidigbo FM; and Bashorun Islamic High School Principal, Fasasi Abdulahi Babatunde, at Agodi Correctional Facility.
The suspects will remain in custody pending advice from the Director of Public Prosecutions (DPP) of the Oyo State Ministry of Justice.
The trio was arraigned on Tuesday on a four-count charge, including conspiracy, acceleration of death, negligent acts causing harm, and failure to provide adequate security and medical facilities.
The case, marked as C/2024, is filed as Commissioner of Police vs. Naomi Silekunola (31), Alhaji Oriyomi Hamzat (51), and Fasasi Abdulahi Babatunde (56).
The suspects were present in court amid heavy security. Supporters of Hamzat, visibly enraged, thronged the court premises, but security personnel prevented any disruption as the suspects were transported in patrol vans.
It was further learned that seven individuals were initially arrested in connection with the incident, which led to the death of at least 35 children. However, five suspects, including Genesis Christopher (24), Tanimowo Moruf (52), Anisolaja Olabode (42), Idowu Ibrahim (35), and Abiola Oluwatimilehin (25), were released on Monday.
Hamzat was reportedly arrested from a hospital bed, where he was receiving treatment for an illness related to the tragic incident.
During proceeding on Tuesday, counsel to the school principal, Waheed Adebowale Olajide who led Abdulfattai Oyedeji and Rufai J. T raised the issue of jurisdiction, noting that the magistrate court cannot countenance the offence and as such they should not be arraigned in the court.
According to the Senior lawyer, the essence of bringing the suspects to court is to be heard and that there is nothing before the court to prove that the suspects have committed the crime.
He urged the court that instead of sending the suspects to the Correctional Centre, they could be kept at police facility where they can be taken care of and presented in court whenever they are needed.
He said Tuesday arraignemt could be liken to what was called holding charge, which he said could be detrimental to the right of the suspects if after the case, they were found to be innocent, yet they have spent time in prison custody.
In his submission, counsel to Oriyomi Hamzat, Ridwan Adekunle told the court that they had a meeting with the Officer -in- Charge (OC) Legal, on Monday where he got an agreement that his client will not be allowed to be taken to Correctional facility but kept in police custody.
In her ruling, the Chief Magistrate disagreed with the submissions of the Counsels to the parties adding that she has a discretion to exercise and she is going to exercise same in putting the suspects in correctional center.
Justifying the decision, the Chief Magistrate said, the police who brought the suspects to the court ought to have factored in their health conditions and the circumstances that informed the case itself before bringing them to court and having brought them, it lies on her the responsibility of putting them in a correctional center, pending the time legal advice would come out from the DPP
She added that the legal advise will determine whether the suspects have a case to answer or whether they have no case to answer or whether they are going to answer to a lesser offence or whatever.
The Magistrate later adjourned the case to 13th January, 2025 for mention, urging the DPP to act fast in making the advise available.
Fielding questions from The Nation after the proceeding, Counsel to Ooni’s ex-wife, Musibau Adetunbi, a Senior Advocate of Nigeria said the defendants have been put on holding charge, noting that when there’s a capital offence in the charge, the magistrate court cannot exercise jurisdiction.
He said “Although there have been authorities that holding charge ought to be and ought not to be, but for now they were put on holding charge.
“It is the high court that has proper jurisdiction would look into everything. Kindly note that once we sympathize with the family of the deceased, that is very fundamental. Equally from what I have seen and heard, none of them set out to kill anybody. The matter is not on trial that is why I’m talking.”
Also speaking, Olajide told The Nation that he might consider the option of taking the case to the high court where he will seek the bail of his client.
He said “The magistrate court can not countenance the offence. If she cannot countence the offence, our position is that they ought not to arraign them before this court. So this is not a proper arraignment. If at the end of the day, it turn out that they are not culpable, who compensate them for the detention which I call punishment been melted to them now. That is the crux of our position.
“But the magistrate is of the opinion that she has a discretion to exercise and she is going to exercise that discretion in putting them in correctional center.
“But that does not preclude us from approaching the high court to seek for their bail and that would probably be the next step we’re going to take.
“They have not been properly arraigned. So what is happening here can be likened to what in the olden days was called holding charge with a view to bringing them here to keep them within a distance where they can be called upon at anytime to come and answer to a charge at the proper court which is the high court.
“But nowadays the law tends to look at the effect of punishing someone wrongly and confining someone to detention, if later found out they have no case to answer. Who will compensate such a person.”
