Center for Constitutional Rights has accused female Sergeant, Jenet Temisare of suppressing evidence of unlawful possession of firearms against Kassim Magbagbeola.
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This was disclosed in a petition to the Delta State Commissioner Of Police, dated 15th October, signed by the Law Firm’s Head of Litigation, E.P Akpogherhe, and made available to TheNigerialawyer(TNL).
Read the petition below:
THE COMMISSIONER OF POLICE,
The Nigerian Police Force,
State Headquarters,
Okpanam Road, Asaba,
Delta State of Nigeria
Dear Sir,
RE: SUPPRESSION OF EVIDENCE BY WOMAN SERGEANT JENET TEMISARE, WITH TELEPHONE NUMBER 08133435286 A DELIBERATE PLAN TO ORCHESTRATE THE DISCHARGE OF THE SUSPECT.
IN RE: INFORMATION NUMBER• w/2T/2020 BETWEEN THE STATE VS. KASSIM MAGBAGBEOLA.
OUR APT REQUEST THEREOF
The above subject matter referred.
We are counsel to Mr. Tunde Akintola, whom we shall hereinafter refer to as our client and we write on his firm, unequivocal and pellucid instructions. Our client is the incumbent Chairman of Dore Street, Warri, in Warri South Local Government Area, Delta State of Nigeria. He is likewise the nominal complainant in Charge Number W/29C/2020 between The State vs. Kassim Magbagbeola and as well followed up the case from investigation to its current stage of trial. It is upon our client’s first hand information that he informed us and we verily believed as follows; THAT,
l . On the day of March, 2020, at about 18: 30hours, our client reported a case of unlawful possession of fire arms and death threat at the Area Command Warri against one Kassim Magbagbeola.
2. Upon receipt of the report, SP Ibrahim and team were bid for the arrest of Kassin Magbagbeola, who was arrested alongside with one Ahmed, Efeturi Okotie and Stephen Pessu with a pump action gun with bullets.
3. The case file was assigned to Woman Sergeant Jenet Temisare, with telephone number 08133435286, for investigation. Woman Sergeant Jenet Temisare, in course of her investigation recorded the statement of the suspects and exhibited the pump action gun and bullets as CLR 08/2020.
4. At the conclusion of investigation, Kassin Magbagbeola was eventually charged to the Magistrates Court, Warri in Charge No. MW/72/2020 and was remanded to prison custody. The magistrate ordered a duplicate of the case file to be transmitted to the Director of Public Prosecution for his advice. The State prepared information against Kassin Magbagbeola for the offence of unlawful possession of firearms in Charge No. W/29C/2020, wherein he was granted bail.
5. The last adjourned date of the case is 13th October, 2021 our client got reliable information that the gun recovered by SP Ibrahim and team was nowhere to be found. This was preparatory to Woman Sergeant Jenet Temisare testimony in court as IPO. Woman Sergeant Jenet Temisare maintained clearly that Exhibit CLR 08/2020, is currently missing from the armory of ‘A Division’ Police Station, Warri and not yet available to be tendered in evidence before court.
6. The above piece of information got to our client and members of Dore Street, the nominal complainants very disturbed. This is so because, the absence of Exhibit CLR 08/2020, in Charge Number W/29C/2020 will without being anticipatory, likely deal a fatal blow to the case. The Supreme Court has made this clear in Bille v. The State (2017) ALL FWLR, Pt. 910.
7. Our client and members of Dore Street are convinced that the alleged disappearance of the gun is a deliberate ploy by the Police of ‘A Division’ Police Station to set the Defendant free. This out of the Defendant’s constant boast to our client and members of Dore Street that his political bosses will kill the case in court by causing a disappearance of evidence. Little did our client know that the gun is the evidence planned to be used to scuttle the case.
8. The Defendant has also boasted that he has good relationship with the IPO and the police to make his case die in court. Sir, it was by fate that Woman Sergeant Jenet Temisare was not put in the witness box to testify as IPO at the last adjourned date 13 th October, 2021. The case would perhaps have started nose diving. The case is now adjourned to 19th October, 2021 for Woman Sergeant Jenet Temisare to testify as IPO.
Sir, may we in the interest of justice request the production of Exhibit CLR 08/2020, so as to enable the conclusion of the charge pending before High Court No. 2, Warri, in the interest of Justice, as the Defendant is going around town that the charge against him is dead on arrival in spite of Exhibit CLR 08/2020, on the ground that he has a cordial relationship with the police.
May we thank you for your usual cooperation as we remain,Ngn
Fellow/Head Litigation, E. p.
08036600291 Legal P actitloner
cc.
1. The Inspector General of Police,
Nigerian Police, Force Headquarters,
Lois Edet House,
Festival Road, Area 10,
Garki, FCT Abuja, Nigeria.
2. The Assistant Inspector General of Police, Nigerian Police Force,
Zone 5, Headquarters,
Adesuwa Road, Benin City,
Edo State, Nigeria
3. The State Coordinator,
National Human Rights Commission,
10, Mariam Babangida Way,
Opposite Subeb, Asaba, Delta State of Nigeria
4. The Area Commander,
Nigerian Police Force,
Area Command Warri,
Delta State of Nigeria
Dear Sirs,
The above is for your information please.
E.P Akpogherhe Esq;
For:
Fellow/Head Litigation,
08036600291
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