Why criminal charges against Kaka was dropped, Lagos DPP explains

The Lagos State Director of Public Prosecutions, DPP, Dr Babajide Martins has clarified that his office issued fresh legal advice for the withdrawal of the criminal charges against a traditional ruler in the Ipaja area of the state, Chief Moruf Owonla, known as Kaka, based on new facts available after a thorough review of the case in line with fresh material evidence brought to the attention of the office.

Kaka, who was initially a complainant in a case of landing grabbing was subsequently turned to the accused by the Police based on which DPP filed charges of criminal trespass, impersonation, and conduct likely to cause a breach of trust against him before the Lagos High Court.

On becoming aware of the charges pending before the court with a bench warrant issued against him, Kaka wrote to the DPP’s office seeking a review of the matter on the ground that he was being unjustly persecuted by the Police.

It was after the review of the matter in line with the fresh evidence that by a letter written to the Assistant Inspector General of Police dated May 21, 2024, the DPP advised that the matter be discontinued based on new facts, which revealed that kaka had a valid right of claim to the disputed land for which he was being accused of trespassing.

The legal advice reads: “In the interest of justice, the whole case was reviewed along with the fresh evidence from the High Court of Lagos State and Surveyor-General of Lagos State, made available to this Office.

“At the end, it was found that the dispute between the complainant and the 2nd Defendant arose from land ownership which started in 1992 between Chief Ekundayo and Mr. Ogunbiyi & Ors in Suit No ID/1722/92 where the judgment was delivered on May 2, 2008 and Ekundayo was adjudged the owner of the Land in dispute.

“On May 2, 2008, the Deputy Sheriff of the Court levied execution of the said judgment on the land including the building at No. 34 Fungeson Osagie Street, Ayobo in favour of the Defendant’s Vendor and principal, Ekundayo as shown by an inscription in the photographs of the building and the confirmation letter of the Deputy Chief Registrar of the High Court dated May 9, 2024.

“There is no evidence that the judgment in Suit No. LD/1722/92 and the execution levied on the parcel of land in 2008 has been set aside. The implication of this is that the subsequent occupation or possession of the Land by the suspect turned complainant was unlawful and a criminal contempt punishable under the Criminal Law of Lagos State.

“From the foregoing, the only legal conclusion is that the defendant has a valid right of claim on the land by virtue of which judgment and execution of the same have not been set aside.”

Therefore, the defendants have no case to answer for any alleged occupation of the land at any time after the judgment and execution.”
Reacting to the legal advice, Owonla’s accuser, Alhaji Hassan Alli had alleged bias by the DPP and also accused the Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro (SAN) of influencing the legal advice on the ground that Kaka was his former client when he was in private legal practice.

But Dr. Martin insisted that the decision to withdraw the charges was arrived at solely by his office without the influence of the Attorney-General after a painstaking review of fresh facts made available to him.