On the 19th of July, 2024, His Honour, Magistrate F.D. Hughes discharged one Kabu Mai, who was facing a charge for the offence of armed robbery.
Kabu Mai was one of the three Defendants arraigned at the Magistrate Court of Lagos State, Ikeja (now Ogba) in 2014. By the nature of the charge the Defendants were facing, the file was sent to the office of the Directorate of Public Prosecution (DPP) for legal advice.
The DPP gave its legal advice on the 30th of June, 2015, stating that the 1st and 2nd Defendants be prosecuted at the High Court of Lagos State while Kabu Mai be released from custody immediately.
The 1st and 2nd Defendants were prosecuted at the High Court of Lagos State and subsequently discharged for lack of diligent prosecution. Unfortunately, Kabu Mai was left to remain in custody without any notification to him of the content of the legal advice.
Sometime in June 2024, Kabu Mai engaged the services of the law firm of DNL Partners to represent him at the Magistrate Court.
Upon appearing in court on behalf of Kabu Mai, Mr. Ahmad Hassan of DNL Partners was informed by the Court that Kabu Mai ought to be prosecuted at the High Court. Mr. Hassan proceeded to conduct comprehensive search at the High Court of Lagos State and the office of the DPP. The search conducted revealed that Kabu Mai ought to have been released since the 30th of June, 2015 as there was no prima facie case against him.
On the 19th of July, 2024, Mr. Hassan presented these facts alongside the Certified True Copy of the Legal Advise to the Honourable Magistrate and prayed the Cout to discharge Kabu Mai.
In delivering its ruling on the application made by Mr. Hassan, the Court took notice of the legal advise and discharged Kabu Mai. The charge was also struck out.
Kabu Mai has since regained his freedom.
