After more than a decade of incarceration, Sergeant Emmanuel Uyanweke, a police officer attached to the Ojo Police Division, Lagos State, has been discharged by Justice Ibironke Harrison of the Lagos State High Court, Tafawa Balewa Square (TBS), who struck out his manslaughter case for lack of diligent prosecution.
Hon. Justice Harrison gave the ruling after hearing the application of the Uyanweke’s counsel, Yusuf Nurudeen, who is the Executive Director of the Foundation for Public Interest Law and Development (FPIL&D), a non-profit organisation that took up the matter free of charge.
Nurudeen explained that Sgt. Uyanweke was arrested and detained on August 18, 2013, following an alleged incident in Okokomaiko, Lagos, resulting in the death of Adams Bello. He said the suspect was subsequently charged with involuntary manslaughter and had been held in detention pending trial since then.
The counsel said the accused was brought before a Magistrate Court in Ebute Meta on March 23, 2015, for remand proceedings and subsequently arraigned on a one-count charge of ‘Involuntary Manslaughter’ at the Lagos High Court before Hon. Justice Akintoye on February 14, 2018.
He noted that since then, the case had experienced reassignments and delays, adding that the prosecution team had also failed to produce any witness to prove its case against Uyanweke, leading to him spending 11 years and two months in detention without trial.
Nurudeen argued before the court that the prolonged and continued detention of his client was illegal and contrary to Sections 35(4) and 36(4) of the Constitution and Section 232 of the Administration of Criminal Justice Law of Lagos State (as amended 2021).
He, therefore, urged the court to strike out the charge for want of diligent prosecution and discharge the accused.
The prosecution counsel, I.A. Erikitola, who admitted that their witnesses were unavailable, left the matter to the discretion of the court.
Justice Harrison concurred with the submission of the defence and consequently struck out the manslaughter charge and ordered Uyanweke’s release.
Speaking on the ruling, Yusuf said, “Uyanweke’s case is a testament to the importance of diligent prosecution and the need for relevant reforms to prevent similar instances of prolonged incarceration of accused persons without trial.”
He said his foundation, also known as The Pro Bono Centre, would continue to advocate judicial and human rights reforms, as well as provide legal support to the indigent and vulnerable by connecting them with volunteer lawyers willing to render pro-bono legal services.
It is recalled that in November last year, FPIL&D secured the release of another police officer, Enejo Gabriel, after a decade of incarceration. It had earlier in 2023 secured the release of one Muideen Bilau, who spent nine years at the Kirikiri Medium Correctional Centre.
Tribune
