The Incorporated Trustees of the group, through their lawyer, Mr. Olumide Babalola, accused Kazeem of abusing Section 211(1)(c) of the constitution, which empowers the attorney general to enter nolle prosequi, and discontinue criminal proceedings against a defendant.
LRAI contended that withdrawal of charges against Khilnani and Chandra was not in the public interest.
But in opposition to the group’s claim, the Lagos State Director of Public Prosecutions, Ms. Titilayo Shitta-Bey, insisted that charges against Khilnani and Chandra were withdrawn in the overall interest of the public.
Shitta-Bey said the attorney general’s decision to withdraw the charges was based on the report of further investigation into the case by the police.
She said after studying the police investigation report, the attorney general realised that the matter was civil in nature rather than criminal.
The DPP argued that the attorney general reserved the right to exercise his constitutional power to prosecute or not to prosecute a case, based on his findings and convictions.
She said the AG had been given unfettered powers both by the constitution and the Administration of Criminal Justice Law of Lagos State to so decide.
Shitta-Bey urged the court to dismiss the plaintiff’’s suit for lacking in merit.
Justice Owolabi Dabiri has adjourned till March 29, 2018 for judgment.]]>
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