TIMOTHY ADEGOKE'S FAMILY AGAINST TRYING THE SUSPECTS OUTSIDE OSUN STATE

The family of the murdered Masters student of the Obafemi Awolowo University, Ile-Ife, Timothy Adegoke, is against the police idea of taking the suspects to Abuja. Recalling the moment the victim had lodged in Hilton Hotels and Resorts at Ile-Ife owned by Rahman Adedoyin, upon his arrival from Abuja on November 5, to enable him to arrive early for his examination at the OAU Distance Learning Centre, Moro, Osun State, on November 6 and November 7, he was declared missing.

Subsequently Mr Adegoke was declared missing, the police were invited and seven suspects were arrested by the Osun state police command, where the investigation commenced.

Later, men of the Intelligence Response Team at the Police Headquarters in Abuja took over the investigation and the case was transferred to the Federal Capital Territory.

Upon the conclusion of the investigation, the police sued the accused persons before a High Court in Abuja as the police are charging the owner of the hotel where Mr Adegoke was allegedly murdered with illegally disposing of his body, altering and cancelling his payment receipt, and removal of the hotel’s CCTV cameras with intent to destroy evidence.

Others charged alongside Mr Adedoyin are: Adedeji Adesola, 23; Magdalene Chiefuna, 24; Adeniyi Aderogba, 37; Oluwale Lawrence, 37, Oyetunde Kazeem, 38; Adebayo Kunle, 35, and others who are on the run.

Mr Adegoke’s family is, however, opposing the location and the idea of the police taking Mr Adedoyin and others to Abuja, as the family through its counsel, Naim Adekilekun, is insisting that the trial should be done in Osun State since that is the state where the crime was committed.

The lawyer noted that the Administration of Criminal Justice Act guides the prosecution of crimes at the Federal High Court in Nigeria and other offences punishable in the Federal Capital Territory, Abuja, and it also provides the framework for criminal litigation in those courts where it is applicable.

“Section 93 subsection (1) states that an offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction: The offence was wholly or in part committed, or some act forming part of the offence was done;

“The consequence of the offence has ensured; An offence was committed by reference to which the offence is denied; or a person against whom, or property in respect of which, the offence was committed is found, having been transported there by the suspect or by a person knowing of the offence, a criminal charge shall be filed and tried in the division where the alleged offence was committed unless it can be shown that it is convenient to do otherwise for security reasons.

“However, the sub-section 2 which seems to provide a proviso to the Section 93 (1) does not operate in the circumstance of Timothy’ Case, because there is no security reasons for not charging these suspects at the High Court of Justice Osun State, it is not necessary that they should be charged at Ile-Ife, Osun State where the alleged murder was committed, they can be charged in the Osogbo, the state capital.”


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