Mr. Mohammed Bello Adoke (SAN)
Contrary to the recent media speculation that the office of Attorney-General of the Federation(AGF) and Minister of Justice,
was confused on how to probe further into the gruesome murder of Mr Oyerinde Olaitan, the former Principal private Secretary to Edo State Governor, Adams Oshiomhole, the AGF had declared that he was never confused over the matter, knowing very well that it was the responsibility of the police to handle such investigation, especially as it concerns the circumstance that led to Oyerinde’s murder. .
Adoke further asserted that the Federal Ministry of Justice has no power to prosecute all suspects arrested in connection with the gruesome murder of Oyerinde.
The AGF made this known in a letter to the Chairman of the House of Representatives Committee on public Petitions on February 28, 2013.
He 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 organized 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.
“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 the State Security Service (SSS) 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 harmonize the two reports .
“I wish to completely dissociate 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 State Security Service, and
(b) Murder, the offence allegedly committed by the suspects is exclusively within the jurisdiction of the police in all 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.”
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