Lack of stamp on DPP letter stalls hearing.

Cynthia

Lack of authorised stamp on the Director of Public Prosecutions letter of advice on the trial of the seven men accused of killing Cynthia Osokogu, stalled hearing on Monday.

Although Magistrate Olalekan Aka-Bashorun of a Yaba Magistrate’s Court was absent when the case came up, an attempt by another magistrate to hear the matter was futile as it was alleged that the DPP’s letter of advice, which had been lodged with the court was not stamped.

Aka-Bashorun was said to have gone on leave.

Cynthia was allegedly murdered in a hotel room in FESTAC area of Lagos by two Facebook friends on July 22.

Okwumo Nwabufo, Olisaeloka Ezike, Orji Osita (pharmacist), Chukwunonso Maduakor (pharmacist), and Gideon Okechukwu, had been charged with eight offences bordering on murder, rape, robbery and administering an obnoxious substance to the deceased.

They were remanded in Ikoyi Prison pending the advice of the Director of Public Prosecutions.

The two other accused, Nonso Ezike, Olisaeloka’s younger brother, and Chinonso Ezeaka had been charged with receiving and selling Cynthia’s BlackBerry phone.

However, the police had consolidated the charges and added counts of murder, rape and false pretence to Nonso and Ezeaka’s offences. The two accused were also subsequently remanded.

Speaking to journalists, the lawyer to the two pharmacists, Chris Obiaka, cried foul and complained that his clients were languishing in prison custody for longer than usual.

Obiaka said it was unfortunate that despite the fact that the DPP’s advice was ready, controversy over the DPP’s stamp would make his clients languish further in incarceration.

He said, “The DPP is the people’s lawyer and that office would have advised the state appropriately. Besides, the DPP’s advice only needs to be signed for authorisation.

“At the newly fixed hearing date on November 27, they would have spent more than 90 days in prison. At the end of the day if they are discharged, would we say justice has been done? Would they ever be the same persons again?”

Also, Greg Anumenechi, lawyer to Okechuckwu, the man accused of driving the prime suspect to the hotel, said his client’s liberty was being taken for granted.

He said, “The requirement of the law is that such an advice is signed. Anybody can stamp anything and stamping does not mean validity.

“The advice would have stated those culpable and listed those who have no case to answer. Liberty of citizens is involved here and such liberties should not be taken for granted.”

But police prosecutor, Chukwu Agwu, who is the officer in charge of the Legal Department of the State Criminal Investigation Department, said he had yet to see the letter.

“I have not seen the DPP’s advice. Maybe they used different couriers who would serve us at different dates. As soon as we are served, the authorities would look at it and check the reasons adduced for whatever advice is given,” he said.