The 16 suspects were arraigned and charged before the court for armed robbery and murder contrary to the laws of the federation. The suspects were accused of conspiracy “to commit felony to wit: armed robbery and thereby committed an offence contrary to and punishable under section 6 (b) of the Robbery and firearms (Special Provisions) Act, Cap R11, Vol. 14, law of the federation of Nigeria, 2004.” They were alleged to have murdered “one Banji Adafi and thereby committed an offence contrary to section 316 and punishable under Section 319 of the criminal code, Cap 37, Vol.1, laws of Ondo state of Nigeria, 2006”. However, in a twist to the matter, the Police Prosecutor, Martins Olowofeso asked the Court to release five of the16 suspects for investigation following new findings by the detectives handling the case. According to him, his prayer before the court was sequel to the petition from the family of the deceased, Banji Adafi, who alleged foul play in his death and requested for further investigation into the killing The lawyer from the office of the DPP, Mr A Bamisile opposed the application on the premise that the Police ought to have come with written application instead of the oral application moved by the prosecutor. However, the pleas of the accused persons were not taken as the court ordered the case file to be duplicated and sent to Department of Public Prosecution (DPP) for legal advice. Consequently, the trial Magistrate Gbenle Awodeyi in his ruling ordered the release of five suspects facing murder trial to the police for fresh investigation and thereafter fixed September 14 for further hearing of the case.]]>
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