Justice Ayoola Emmanuel, of the Federal High Court, Osogbo, has ordered the Nigeria police to prosecute lawyers for alleged fraud.
A lawyer, Mathew Ayelaagbe Laogun, his son, Ayodele Adelaja Laogun, have been dragged to the court by the office of the Assistant Inspector General of Police, AIG, for allegedly defrauded medical Doctor, Dr. Adeyemi Gbadebo, over a land.
In his ruling, the Judge stated that the case came up before him on March 20, 2019, when the Osun state Ministry of Justice, represented by Mr Moses Faremi, wanted to take over the prosecution of the case from the police.
Justice Emmanuel noted that he directed the two lawyers to address the court on the issue.
According to the Judge, the three count charge involved a conspiracy to commit felony, obtaining money by false pretence and fraud, contrary to the provision of law.
Reading from the general fiat attached by the Ministry of Justice to take over the prosecution from the police, the court held that the fiat does not oppose the constitutional power of the police to institute a criminal proceedings.
The Court held that Section 23 of the police and other laws supplied by the police, convinced the court that the police has the power under the constitution to prosecute criminal charge.
The court finally held that the police has not gone beyond the provision of the law to institute the criminal charge before the court saying “the constitutional power of the police to prosecute is not in doubt.
Justice Emmanuel therefore directed the counsels to address the court on why the case should not be transfered to the Osun state High Court.
He subsequently adjourned the matter to June 3, for address.
