BY TIMOTHY AGBOR, OSOGBO
Due to lack of seriousness and diligence by the Osun State Police Command to prosecute a cultism case against a serving member of the National Youth Service Corps, Babalola Taiwo, a Senior Magistrate’s Court sitting in Osogbo has struck out the matter.
Taiwo, aged 29 and serving in Cross River State, has been standing trial for an unlawful membership of an unlawful society known as Alora Confraternity.
After several adjournments at the instance of the police prosecution since Taiwo was arraigned on March 18, 2022, the case was struck out of the course list while the defendant was discharged and acquitted.
It was gathered that the Anti-Cultism Unit of the state police command had arrested Taiwo, an indigene of Osun, few days before commencing his one year compulsory service.
When he was arraigned on two count-charges bordering on unlawful membership of an occultic group and conduct likely to cause breach of peace, Taiwo had pleaded not guilty to the allegations.
The charge read, “That you Babalola Taiwo and others now at large, on February 10, 2022 at about 12pm in Osogbo town around Ota-Efun area, Osogbo, Osun State, did engage yourselves in unlawful society known as Alora Confraternity and unleashed terror in Osogbo town, and its environs and thereby committed an offence punishable under section 64 of the Criminal Code Cap 34, Vol II, Laws of Osun State, Nigeria.
“That you Babalola Taiwo and others now at large, on the same date, time, place and in the aforementioned Magisterial district did conspire amongst yourselves to commit misdemeanor offence to wit: conduct likely to cause breach of peace and thereby committed an offence contrary to and punishable under section 517 of the Criminal Code Cap 34, Vol II, Laws of Osun State of Nigeria, 2002.”
The Senior Magistrate, A. A. Adeyeba had granted Taiwo bail in the sum of N1, 000,000 with two sureties in the like amount. Adeyeba had ruled that one of the sureties must be a relative of the accused person who must be resident within the court’s jurisdiction.
The matter had been adjourned till April 29 for hearing but the police prosecutor, Inspector Elisha Olusegun had informed the court that the Investigative Police Officer who was to give evidence was not in court.
Consequently, the case was re-adjourned till August 19. When the matter came up on that day, the prosecutor couldn’t present any witness as the IPO was absent again.
The defence counsel, Najite Okobe, urged the court to strike out the case for want of diligent prosecution.
He said Taiwo had shown soberness and remorsefulness and prayed the court to consider his academic pursuit as a corps member and discharge him.
To this end, Adeyeba ordered that the case be struck out for lack of diligent prosecution and said if the police was ready to prosecute, they could re-arrest the defendant and file an affidavit of readiness.
