Emmanuel Uyanweke, a sergeant police officer who was attached to the Ojo Police Division, Lagos state, has regained his freedom after spending eleven years and two months in prison without trial.
The police officer was released following the intervention of Foundation for Public Interest Law and Development (FPIL&D), a
non-profit organisation.
Ibironke Harrison, a judge of the Lagos state high court sitting at Tafawa Balewa Square complex, on October 24, discharged the accused for want of diligent prosecution after hearing the application of his counsel, Yusuf Nurudeen, who is the executive director of FPIL&D.
Nurudeen told the court that Uyanweke, who was arrested and detained on August 18, 2013, for allegedly causing the death of one Adams Bello at Okomaiko area of Lagos state, had been in detention since then without facing trial.
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He 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 Justice Akintoye on February 14, 2018.
The human rights lawyer said despite different court appearances over a period of eleven years and two months, the prosecution team failed to produce any of the ten listed witnesses to prove the alleged offence against the defendant.
Nurudeen argued before the court that the prolonged and continued detention of Uyanweke 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.
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I.A. Erikitola, the prosecution counsel, who admitted that the 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, Nurudeen 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.
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In November 2023, the FPIL&D secured the release of another individual, Enejo Gabriel, after a decade of incarceration. The foundation had earlier secured the release of one Muideen Bilau, who spent nine years at the Kirikiri Medium Correctional Centre.
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