Oyerinde murder: Police has power to investigate case ---Adoke, SAN

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Mohammed Adoke, SAN, AGF 

Attorney-General of the Federation and Minister of Justice, Mr.  Mohammed Adoke, SAN, Thursday, excused him self, from the debate over who has the power to prosecute suspects in the murdered of Mr. Olaitan Oyerinde, former Principal Private Secretary to Edo State Governor, Mr Adams Oshiomhole, saying it was the state that can prosecute murder cases.
Adoke in a letter to Chairman of the House Committee on Public Petitions,  which re-opened the matter on Wednesday, in Abuja in the murder of Oyerinde, following allegation by Governor Oshiomhole of highest level in the investigation of the case, said it was the police that have the power to investigate the case.
The AGF in the letter, said “My attention has been drawn to the representations made by Mr. O.T. Olaitigbe, Deputy Director, Public Prosecutions of the Federation on behalf of my office and the Federal Ministry of Justice at the Public Hearing organised by your Committee on February 27, 2013 on the alleged complicity and improper investigation in the murder of Oyerinde Olaitan, an Aide to the Edo State Governor. 
 
*late  Olaitan Oyerinde

“It has been widely reported in the electronic and print media that Mr. Olaitigbe while making his presentation to the Committee, stated among other things that the Ministry of Justice was confused as a result of the investigation reports it had received from the Nigeria Police Force and DSS, which appeared to have indicted different sets of suspects for the alleged murder of Oyerinde and that the Ministry could not proceed further with the prosecution of the suspects because of the need to harmonise the two reports.
“I wish to completely disassociate myself from the comments purportedly made on my behalf by Mr. Olaitigbe as the comments were at best, a figment of his imagination and very far from the truth. Mr. Olaitigbe was under firm instructions to inform the Committee that: “(a)   the Federal Ministry of Justice had examined the powers of the State Security Service as provided by Section 3 of the National Security Act, Cap.N.74 LFN,  2004 and the powers of the Nigeria Police Force as    provided by section 4 of the Police Act Cap. P.19 LFN, 2004 and had come to the reasoned conclusion that the power to investigate crimes of the nature under consideration (murder) resides with the Nigeria Police Force while the power to gather intelligence lies  with the Department of State Security and “(b) murder, the offence allegedly committed by the  suspects is exclusively within the jurisdiction of the states in the Federation. The Criminal Procedure Act,  Cap., C. 38 LFN, 2004 is very clear on this matter. The Federal Ministry of Justice therefore has no power to   prosecute murder cases as murder is a state offence committed against State law and that the matter was  already been handled by appropriate authorities in Edo State. 
“In view of the foregoing clear instructions and position, I am shocked, embarrassed and utterly disappointed by the representations reportedly allegedly made on my behalf by Mr. Olaitigbe. I have accordingly instituted an internal investigation to unravel the mystery and appropriate measures will be taken to discipline any officer found wanting in this deliberate propagation of falsehood.
“In the meantime, I wish to assure your esteemed Members and the general public of the principled stance of my office on this matter as already elaborated above and to inform you that my office was never at any material time confused as to the steps to be taken in this matter. I sincerely regret the misrepresentation and the apprehension that it has generated in the minds of members of the Committee, as well as the general public”.

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