By Yinka Olatunbosun
Hon. Justice Ashade of the High Court of Lagos State, on Wednesday, November 25, 2020, delivered a ruling striking out the N167,886,591,60 fraud charge against an Oyo State Council official, Badmus Adesina, and a Lawyer, Ibukunoluwa Konu.
The Defendants were accused of forging documents and stealing N167,886,591,60 from the Estate of the Late Godfrey Kwashie Konu.
Upon resumption of the proceedings, the court informed the Prosecution and other counsel in the matter that the court had earlier received a legal advice from the office of the Attorney-General of Lagos State (”AG”) stating that no prima facie case has been disclosed against the Defendants, and that the duplicate file had been forwarded back to the Commissioner of Police to discontinue the matter based on the legal advice from the Attorney- General’s office.
The 1st Defendant’s counsel acknowledged receipt of the legal advice, and urged the court to strike out the information and discharge the 1st Defendant. The 2nd Defendant’s counsel also confirmed receipt of the legal advice from the AG’s office, and urged the court to strike out the information and discharge the 2nd defendant. The Prosecution counsel did not oppose the application and indeed, agreed with the submissions of the counsel to the Defendants.
Although the counsel holding watching brief on behalf of Tosin Josephine Konu (nominal complainant), sought to make heavy weather about not being served with the legal advice, the court held that the nominal complainant is only entitled to be seen and not to be heard.
During the proceedings, the counsel to the 2nd Defendant informed the court of the release of recordings of court proceedings to the press by the nominal complainant, and informed the court that Tosin Josephine Konu and her husband were in contempt of the court as they were recording the day’s proceedings without the permission of the court.
Hon. Justice Ashade summoned Tosin Josephine Konu and her husband Sunday John Ilori to answer for contempt, and she admitted to always recording court proceedings. The Prosecution counsel pleaded with the court to only admonish the nominal complainant.
Consequently, the court delivered its ruling, striking out the charges and discharging the Defendants. The court also admonished Tosin Josephine Konu (nominal complainant) and Sunday John Ilori to desist from recording court proceedings, and ordered that the recordings that were taken at the proceedings be deleted from all their gadgets under the supervision of the court clerk.