Lagos drops COVID-19 lockdown violation charges against Naira Marley, others

Naira Marley.

By Editor. 8/4/2020.

Lagos State Government today made a u-turn and withdrew all the charges preferred against a popular musician, Azeez Fashola (Aka: Naira Marley), a prominent politician in Lagos and a former African Democratic Party (ADP), governorship candidate, Mr. Babatunde Gbadamosi and his wife Folashade, for violating the government’s stay at home and maintaining social distancing order for two weeks as issued by President Muhammadu Buhari and the governor, Mr. Babajide Sanwo-Olu.

The accused were reported to have attended a birthday house party last weekend, arranged by a popular Nollywood star, Funke Akindele-Bello for her husband, Abdul Rasheed Bello who on Monday were convicted and sentenced to two weeks community service and given a fine of N100,000 each by an Ogba Chief Magistrate Court, Ikeja Lagos.

The government magnanimity to withdraw their charges did not come free. It came with conditions to write undertakings to be good and law abiding citizens of the state and Nigeria and to apologize to the state governor, the President and other relevant enforcement authorities to earn the pardon of the court.

They agreed to all the conditions as given by the Attorney General of the state, Mr. Moyo Onigbanjo, (SAN), which include:

(1) They have to write a formal apology to the Government of Lagos State which will solidify the remorsefulness shown by them.
(2) They have to give an undertaking in writing that they will continue to comply with the directives of Mr President and Mr Governor which is the subject matter of the case before the court.
(3) In view of the danger which the state believes they’ve put themselves by attending a gathering exceeding 20 persons, they must agree to go on 14 days isolation to protect other members of the public from any likely danger.

The proceeding of the court sitting before Chief Magistrate, Yewande Aje-Afunwa is hereby replicated:

“Proceedings started at 11.20am.

Naira Marley dressed in white shirt and black Jeans was called into the dock. Babatunde Gbadamosi dressed in brown native followed and third defendant, his wife, Folashade was dressed in blue top on black Jeans. All three defendants had on face masks.
The DPP Lagos, Yakub Oshoala led the Prosecution alongside Dr Babajide Martins a Director in the office of the DPP, Adetutu Osinusi, a Deputy Director in the office of the DPP, Jonathan Ogunsanya and Afolabi Solebo who are both Assistant Directors in the office of the DPP.
For the defence team, Olawale Akoni (SAN) alongside Dr Bayo Adaralegbe represented the 2nd defendant, Babatunde Gbadamosi while Ebun-Olu Adegboruwa (SAN), alongside O. Awonuga represented the 3rd defendant, Folasade Gbadamosi. Naira Marley was represented by Damilola Ayinde-Marshall alongside Afeez Olabisi.

After announcement of appearances, the DPP told the court that even though the state has filed a charge before the court, but a few minutes before the court sat, the AG and Commissioner for Justice, Moyo Onigbanjo SAN, forwarded a directive to him that having considered the remorsefulness of the defendants, the AG has considered dropping the case from the court based on the defendants fulfilling three conditions

.(1) They have to write a formal apology to the Government of Lagos State which will solidify the remorsefulness shown by them.
(2) They have to give an undertaking in writing that they will continue to comply with the directives of Mr President and Mr Governor which is the subject matter of the case before the court. 
(3) In view of the danger which the state believes they’ve put themselves by attending a gathering exceeding 20 persons, they must agree to go on 14 days isolation to protect other members of the public from any likely danger. 
Mr Oshoala also submitted that this is absolutely necessary “in view of the fact that some individuals who travelled from endangered countries where present at the party. He stressed that the state is not a persecutor but it is always ready to enforce the laws that benefit the interest of the public.

 “If they agree to these conditions, the four- count charge will be withdrawn and that will be the end of the matter. We will keep it in abeyance.” That’s our submission. 
Akoni: On behalf of the 2nd def, we wish to express our appreciation to the state, the DPP and to confirm to the court that we accept the three conditions. 
Adegboruwa: On behalf of the 3rd def, we express our appreciation to his excellency, Mr President and the Governor, the AG, The DPP and his team, the Police and most of all, the court. The third defendant is a law abiding citizen and accepts all the three conditions as stipulated by the DPP. 
Ayinde-Marshall: On behalf of the first defendant, we say a big thank you to the police, the President, Mr Governor and the DPP. My client is a law abiding citizen too and a strict supporter of government policies. We undertake that we will fulfill the three conditions given to them. 
DPP: Having agreed to this conditions and having already dealt with the principal defendants, Funke Akindele and her husband, we hereby withdraw the charge before the court.

However for the purpose of clarity, I request the defendants to put their phones numbers out so that the personnel from the Ministry of Health can get in touch with them, having agreed to go into self isolation. Also within today and tomorrow morning latest, the undertakings must reach the AG through their lawyers and the OC Legal to show their sincerity. We are grateful to the court. 
Magistrate Yewande Aje-Afunwa: “This honourable court has listened to the request of the learned DPP indicating that the state requests to withdraw the charge on the condition that they fulfill all the conditions as stipulated by the prosecution. Since the defendants have all agreed to comply with the conditions, I wish to state that the procedure for the withdrawal of a criminal charge is that before the charge is withdrawn, the conditions must be met or be seen to be met. In the circumstances of this case, the court will adjourn to enable the defence put its house in order and the prosecution will address the court on how the defendants have complied. If all the parties agree, the court will adjourn till tomorrow, April 9, 2020.
DPP: No objections.

Akoni: No objections 

Adegboruwa: No objections to adjournment till tomorrow.

Ayinde-Marshall: No objections.
Court: Since it was agreed on 24 hours for compliance with the conditions, the court believes 12noon tomorrow is appropriate for withdrawal of the charge. Case is adjourned to 9th April at 12noon for withdrawal or for taking of plea if conditions fail to be complied with. 

“In line with the regulations of the government, we all must continue to ensure that the regulations are strictly complied with in our homes and in all public places, she ruled.