A Lagos High Court judge, Justice Ebenezer Adebajo, has faulted the prosecutorial power of Lagos State using ’The State of Lagos State’ and urged the state counsel to address him on it on the next adjourned date, July 1.
Justice Adebajo raised the issue in a criminal charge in charge No. LCD/58/2013 filed by state against a businessman, Femi Omotayo.
When the matter came up in court on Monday for the arraignment of the accused person, Justice Adebajo on its own, raised a preliminary objection and requested the state counsel, Olaitan Soetan, to address the court on the competency of the charge sheet as same bears the ‘State of Lagos.’
The case was further adjourned to July 1 for the state to address the court on the competency of the charge, before the arraignment and trial could commence.
However, the accused was not present in court.
Meanwhile, counsel to the complaint, Mr. N. J. Akunne, holding a watching brief said: ‘’We will meet with the officials in the office of the Director of Public Prosecution (DPP) for further actions especially with respect to the court's request.’’
Before the objection of the judge, Omotayo was to be arraigned in the court on a six-count criminal charge bordering on the issuance of dishonoured cheques.
The offence is contrary to section 1(1) (2) of the Dishonoured Cheque Act Cap 102, laws of the federation 1990.
