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Samson Folarin
The lead counsel for Odofin Taiwo, the contractor of the collapsed Lekki building, Gboyega Okenla, has faulted the decision of the state government to transfer Chief Magistrate Afolashade Botoku from the Ebute-Meta Magistrate’s Court.
Okenla said the decision would cast serious doubt on the independence of the judiciary.
PUNCH Metro had reported that Botoku was transferred from the court for granting bail to Taiwo and the Managing Director of Lekki Gardens, Richard Nyong.
The magistrate was said to have first been issued a query, before she was given a transfer letter on Tuesday.
It was also reported that she might have been taken to a customary court.
Okenla, who is of the Okenla, Okenla and co Chamber, said the action was harsh.
He said, “I wish to affirm that the decision is harsh. The matter ought to have been thoroughly investigated first. The issue of bail is at the discretion of a magistrate or judge. The remand order granted on an ex parte application can be set aside if fresh facts emerge.
“What we brought before the court was that all applicants in the case should be presumed innocent until the prosecution proved contrary. As of the time that the matter was brought before the chief magistrate, there was no charge that was preferred against our client. If there is no charge before the court, the court will have to view the circumstances of the case and the substance in the matter and will find that granting bail is a judicious course of action. This was what Botoku did.
“We are worried that if an incorruptible chief magistrate, who is transparently honest in all the actions she had taken could get this treatment, perhaps the executive is beginning to interfere with the judiciary. We want to advise the executive not to meddle in judicial matters.”
Okenla said people should not conclude that the building collapsed due to negligence and substandard materials, adding that the firm preliminary investigations revealed there were acts of “sabotage” involved in the tragedy.
The Lagos Commissioner for Information and Strategy, Steve Ayorinde, said the government had nothing to do with the case.
He said, “The Lagos State Government does not interfere in the work of the judiciary, and specifically the magistracy.”
However, the Chief Registrar, Gbenga Ogundare, said the transfer was an internal matter which was not for public consumption.
He said, “Appointment, posting, discipline and all such matters are internal issues which are not for the public. There is no where any member of the public is affected, I am not sure I will comment.”
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Source: Punch News
