A Chief Magistrate’s Court sitting in Iyaganku, Ibadan, Oyo State, on Tuesday, ordered the remand of the former wife of the Ooni of Ife, Naomi Silekunola; the Chief Executive Officer of Agidigbo FM, Oriyomi Hamzat; and the Principal of Islamic High School, Basorun, Abdullahi Fasasi, at the Agodi Correctional Centre.
The trio were arraigned in connection with the recent stampede at an Ibadan funfair held at Islamic High School, which resulted in the deaths of 35 children and left several others injured.
The Presiding Magistrate, Olabisi Ogunkanmi, ruled that the defendants remain in custody pending legal advice from the Director of Public Prosecution of the state Ministry of Justice.
The case was adjourned until Monday, January 13, 2025.
The defendants face a four-count charge bordering on conspiracy, causing death by negligence, endangering public safety, and failing to provide adequate security and medical facilities at the event.
During the proceedings, their counsel argued that the Magistrate’s Court lacked jurisdiction over the case and sought that the defendants be kept in police custody rather than being remanded in the correctional facility.
One of the defense counsels, Waheed Olajide, contended that holding the suspects in custody under the current circumstances was premature and could infringe on their rights, especially if they are later found innocent.
Counsel to Hamzat, Ridwan Adekunle, also disclosed that an earlier agreement with the police indicated that his client would not be sent to the correctional center due to his health condition, following his hospitalization after the tragedy.
In her ruling, the Chief Magistrate disagreed with the submissions of the counsels to the parties, adding that “she has the discretion to exercise and she is going to exercise same in putting the suspects in correctional Center.”
Justifying the decision, the Chief Magistrate said, “The police who brought the suspects to the court ought to have factored in their health conditions and the circumstances that informed the case itself before bringing them to court and having brought them, it lies on her responsibility of putting them in a correctional Center, pending the time legal advice would come out from the DPP.”
She emphasised that the legal advice would determine the next steps, including whether the defendants would face trial, a reduced charge, or be discharged.
The charges read, “That you Naomi Silekunola Ogunwusi F, Alh, Oriyomi Hamzat ‘M’, Fasasi Abdullahi Babatunde ‘M’ and others now at large, on the 18th day of December 2024, between 5:00 am and 8:00 am, at Islamic High School, Bashorun area, Ibadan, in the Ibadan Magisterial district did Conspire with one another to commit felony to wit: Acceleration of death and thereby committed an offence Contrary to Section 324 of the Criminal Code, Cap. 38, vol. II, Laws of Oyo State of Nigeria, 2000.
READ ALSO: I Have No Regrets Removing Fuel Subsidy, Tinubu Insist
“That you Naomi Silekunola Ogunwusi ‘F’, Alh. Oriyomi Hamzat ‘M’, Fasasi Abdullahi Babatunde ‘M’ and others now at large, on the same date, time and place in the aforementioned Magisterial did unlawfully Accelerated the death of Musiliu Sofiat ‘f’ Age 8yrs and thirty-four (34) others between the age of 5months to 13yrs by inviting them for a children fun fair program but failed to provide adequate security/medical facility to prevent stampede at the venue and thereby committed an offence Contrary to Section 311 and punishable under Section 319 of the Criminal Code, Cap. 38, vol. II, Laws of Oyo State of Nigeria, 2000.
“That you Naomi Silekunola Ogunwusi ‘F’, Alh, Oriyomi Hamzat ‘M’, Fasasi Abdullahi Babatunde ‘M’ and others now at large, on the 18th day of December 2024, between 5:00 am and 8:00 am, at Islamic High School, Bashorun area, Ibadan, in the Ibadan Magisterial district did Conspire with one another to commit an offence to wit: Negligent acts causing harm and thereby committed an offence Contrary to Section 517 of the Criminal Code, Cap. 38, vol. II, Laws of Oyo State of Nigeria, 2000.
That you Naomi Silekunola Ogunwusi ‘F’, Alh. Oriyomi Hamzat ‘M’, Fasasi Abdullahi Babatunde ‘M’ and others now at large, on the same date, time and place in the aforementioned Magisterial did unlawfully omit To provide adequate security/medical facility and a conducive atmosphere to prevent stampede at children funfair program before inviting them to the venue which led to the death of Musiliu Sofiat ‘f Age 8yrs and thirty-four (34) others between the age of 5months to 13yrs and thereby committed an offence Contrary to and punishable under Section 344 of the Criminal Code, Cap. 38, vol. II, Laws of Oyo State of Nigeria, 2000.”
Speaking after the court sitting, the legal representative of Queen Naomi, Musibau Adetunmbi (SAN), said the defendants have been put on holding a charge, adding that “you know the moment there is a capital offence in the charge, the magistrate cannot exercise jurisdiction. Although there have been authorities that holding charge ought to be or ought not to be but for now, they were just put on holding charge because it is the high court that has proper jurisdiction on the matter. Kindly note that while we sympathise with the families of the deceased which is very fundamental to us, equally, from what I have seen and what I have heard, none of them set out to kill anybody, nobody set out to kill anybody.
“The matter is not on trial, that is why I am talking to you; take someone like the principal, he was given a letter, submitted it to the Ministry of Education and the ministry gave them the account number that they paid to, the little knowledge of law I know, I cannot see any negligence there but something had happened but gradually, the law will take its course,” he added.
Also speaking, Waheed Adebowale Olajide, the counsel to Fasasi Abdullahi Babatunde, the principal of the school, stated that the three defendants were arraigned on allegations of committing “sundry offences, which is four in number which border on the issue of accelerating the death of 35 people and be that as it may, the magistrate court cannot countenance that offence and since it cannot countenance the offence, our position is that they ought not to arraign them before this court. So this is not a proper arraignment and if at the end of the day, it turn out that they are not culpable, who compensates them for the detention which I call punishment being meted to them now? That is the crux of our own position. But the magistrate is of the opinion that she has the discretion to exercise and she exercised that discretion by putting them in the correctional centre,”
The court premises witnessed a heavy presence of security operatives as agitated supporters of Hamzat stormed the venue, expressing anger when the suspects were being conveyed in patrol vans.
Meanwhile, five other suspects initially arrested in connection with the incident were released on Monday night. Those freed include Genesis Christopher (24), Tanimowo Moruf (52), Anisoloja Olabode (42), Idowu Ibrahim (35), and Abiola Oluwatimileyin (25).
