ACHILLEUS UCHEGBU (Deputy News Editor)

Those remanded along with the duo are Chief Muraina Komolafe, Oluwatoyin Osoba, Samusideen Opeloyeru, Aremu Niyi-Oba, Edward, Olushola, Alhaji Mudashiru Adeniji, Chief Wahab Isiaka and Oyinlola Awe.

Daily Champion gathered that as they await outcome of an advice from Director of Public Prosecution (DPP), the accused persons will be formally charged for conspiracy to commit murder, murder, malicious damages to properties, rioting, causing fear to members of the public by bearing firearms, arson and managing unlawful society.

Making the remand order, the magistrate, Mr Olufemi Isaac, jettisoned contention by the prosecuting counsel that the application for remand of the suspects, was brought pursuant to section 263 (3) of the Criminal Procedure Law (CPL) of Lagos State, which gave the court power to remand an accused person pending when advice of the DPP is received to ensure a formal charge.

Police prosecutor, Deputy Commissioner of Police (DCP) Columbus Okaro, informed the court that the accused persons were brought for an order to remand. He argued that the application was brought pursuant to section 336(3) of the CPL, Cap C18, Vol II, Laws of Lagos State, 2003.

"We have brought the accused persons to court, for the court to take cognizance of their arrest and for the court to order (their) remand in custody, so that police can conclude its their investigation and send the case file to the DPP for advice and subsequently, arraign them before a High Court. That is our humble application and we ask the court to grant us our application", he said.

However, lead counsel to the accused persons, Chief Fred Agbeyegbe opposed the application, but invited a junior counsel, Wahab Shittu, to argue the objection.

Arguing the application, Shittu told the court that "procedure adopted by the police is unknown to the law of this country, as the police is (are) yet to fulfill conditions needed before this kind of application is brought. First, the application for remand is purportedly brought under section 263(3) of CPL."

According to him, the said provision cannot be read in isolation, without considering import of Section 263(1)(2) all of which, he said, are necessary in the matter.

"The section envisaged the existence of a proceeding. It also envisaged a situation where the court will have the power to hear the charge the accused persons may be charged with. Clearly, this court cannot ask the accused persons to come back to this court, because clearly, the offence attached, being murder, cannot be tried by this court. The law does not recognize the mechanism of a holding charge. The Court of Appeal, has made it clear that holding charge is unknown to our law", he contended.

He further asked the court to refuse the application to remand the accused persons in custody.

Ruling on the matter, the magistrate disagreed with the defence counsel, saying what was before the court was not a case of holding charge, but one for remand of an accused person, who the police have every reason to believe will be charged for an offence, as provided under section 263(3) of CPL.

He further noted that the police have satisfied the court that a case for the remand of the accused persons has been made.

Mr Isaac however disagreed with the position of the police that the accused should be remanded until they (police) concludes their investigation.

He said: "The accused persons are to be remanded until the DPP advice and I hereby order the police to forward the case file to the DPP for advice and I want to adjourn this matter so that I can monitor the matter".

The court adjourned till November 11 for further hearing.

Adams and Fasehun were arrested by the police last Saturday allegedly in connection with violence at Iyana Ipaja in Lagos which led to the death of at least six persons while many others were wounded.