Justice Ibironke Harrison of a Lagos State High Court sitting in Tafawa Balewa Square on Monday fixed April 3, 2023, for the ruling on the no case submission of an Assistant Superintendent of Police, Drambi Vandi, who is standing trial for allegedly shooting a lawyer, Omobolanle Raheem, dead on Christmas day.
The judge adjourned the case for ruling after the prosecution and defence counsel had adopted their final written addresses in the no case submission.
Vandi is standing trial on one count of alleged murder preferred against him by the state government.
The incident took place at the under-bridge area in Ajah on December 25, 2022.
When the policeman was arraigned on January 16, 2023, he pleaded not guilty to the charge against him.
According to the prosecution, the offence committed contravened Section 223 of the Criminal Law of Lagos State, 2015.
The prosecution had on February 15 closed its case after calling its last witness.
Rather than the defence to open its case, they informed the court that he was going to file a no-case submission in a bid to quash the criminal charge against him.
Vandi’s counsel, Adetokunbo Odutola, stated this shortly after the Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo (SAN), closed the case of the state government upon the discharge of the 11th witness.
The judge then adjourned the hearing of the no case submission till February 28, but on the last adjourned date, the case was stalled as the defendant was not produced in court due to the aftermath of the February 25 presidential/National Assembly elections.
At the resumed hearing of the matter on Monday, the defence counsel, Odutola, while adopting his final written address on the no-case submission filed on February 28, 2023, urged the court to quash the charge and discharge the defendant arguing that he had no case to answer.
He contended that the prosecution had no prima facie case against the defendant to warrant him to enter his defence.
Odutola claimed that the ballistic report stated that the gun did not match the bullet that was shot.
He further argued that the pathologist who testified mentioned that the bullet penetrated from the left through the armpit while the prosecution sta ted that the deceased was shot in the chest.
The defendant’s no case submission was dated February 20, 2023, while the prosecution’s reply was dated February 24, 2023, and the defendant filed a reply on point of law dated February 27, 2023.
Odutola concluded that with the instances he had given and many more, the prosecution does not have a case.
Onigbanjo, in his filed response, stated that the defendant should come up to defend himself in the case.
After listening to the arguments, Justice Harrison adjourned the matter till April 3 for a ruling.