Naira Marley, Gbadamosi discharged as Lagos withdraws charge

An Ikeja Chief Magistrates’ Court in Lagos has approved the Lagos State Government’s application to withdraw a social distancing violation charge against Peoples Democratic Party (PDP) chieftain Babatunde Gbadamosi, his wife, Folashade, and musician Afeez Fashola (a.k.a Naira Marley).

Chief Magistrate Yewande Aje-Afunwa made the order after Lagos State Director of Public Prosecutions (DPP) confirmed that the Gbadamosis and Marley had accepted and complied with the State’s conditions for the withdrawal.

Defendants were all present in court.

Yakub Oshoala, DPP, with Jonathan and Afolabi Solebo, Asst Directors.

Olawale Akoni, SAN with Dr A.G. Adaralegbe and Muyideen Tejumade, for the 2nd Defendant, Mr Babatunde Gbadamosi.

Ebun-Olu Adegboruwa, SAN, with Dapo Opakunle and Nonso Ezema, for the 3rd Defendant, Mrs Folasade Gbadamosi

Miss Damilola Ayinde-Marshal with Temitope Salami, for the 1st Defendant, Azeez Fashola.

DPP reports that the defendants have complied with the conditions stipulated for the withdraw of the charge and termination of the criminal case. They have all written individual letters of apology and undertaking to support the government in all areas to curtail the COVID 19 pandemic and to go into self isolation for 14 days.

Mr Wale Akoni, SAN confirmed this position that the 2nd has submitted his letter of apology and undertaking to the police at SCID, Panti, for onward transmission to the Honourable Attorney-General of Lagos State.

Mr Ebun-Olu Adegboruwa, SAN, also confirmed the position as stated by the DPP and that the 3rd defendant has also submitted her letter of apology and undertaking to the police for onward transmission to the Hon AG of Lagos State.

He aligned with the application of the DPP to withdraw the charge and urged the court to strike out the charge and discharge the defendants.

Miss Ayinde-Marshall also confirmed that the 1st defendant has submitted his letter of apology and undertaking to the police.

DPP:

In view of the fact that the defendants have complied with all the conditions stipulated by the government, I hereby apply that the charge be struck out against the defendants as they have undertaken to work with the government to tackle the COVID 19 pandemic.
We thank the court for the manner in which it handled the case.

Ruling:

Upon the oral application of DPP on behalf of AG which allocation is brought under section 71&73 of AJCL and pursuant to the fact that the three defendants have complied with conditions, the unchallenged application of DPP for the withdrawal of this charge MIK/A/44/2020, leave is hereby granted by this Hon court to the AG to withdraw this charge against the three defendants.
Accordingly, the three defendants are hereby discharged.

I wish to commend the competence of the AG and other prosecution and the Learned Senior Advocates and other defence counsel, for the way they have handled this case, which is novel in this State.

I commend the three defendants for taking responsibility for their errors. There is a manual by the State for restorative justice.