Lawyer to the American detainee, Ebun-Olu Adegboruwa (SAN), announced the release of his client in a statement on Thursday.
The American lady was arrested at the airport on February 9 while she was making her way out of Nigeria, she has spent about 44 days in Lagos Police detention.
Last week, All News Nigeria reported that her lawyer raised the alarm over the continued detention of her client by the police, adding that he was “scared that something devastating may happen to Kari Ann R’ouke if she is not released forthwith.”
The Senior lawyer said the police refused to release the American despite that the Lagos State Directorate of Public Prosecutions (DPP) said there was no prima facie case against her and three others.
R’ouke was said to have arrived in Nigeria on January 22, 2021, on the invitation of the late Michael.
The late Michael and the R’ouke were said to have lodged in a hotel on Victoria Island on the same day while Michael “became unconscious and lifeless” in the early hour of February 8.
After intercepting her at the airport, the Police submitted a case file to the Lagos State DPP, for legal advice on the possibility of prosecuting R’ouke and three Nigerians for murder.
But a certified copy of the DPP Legal Advice indicated that the Lagos State Director of Public Prosecutions, Mrs. A.O Adeyemi, on behalf of the Attorney General of the State, Mr. Moyosore Onigbanjo (SAN), advised against prosecuting the American and three other suspects, arguing that the case has insufficient facts to sustain the murder charges.
“It is trite that the prosecution is duty-bound to prove all the ingredients of murder and the absence of any of the elements will be fatal to the prosecution’s case.
“While the first element of the offence is present (i.e., the death of the victim) and confirmed by the Report of the Medical Examiner (Form E, Page C8), it cannot be established from the facts presented in the duplicate case file that the death of the deceased was caused by the acts or omission of the suspects.
“In the light of the above, this Office shall not prosecute the suspects,” the DPP had said in the legal advice.
In his reaction to the eventual release of the American on Thursday, Adegboruwa, in a statement urged the police to show more respect for the rights of citizens.
He said, “This case has shown the intolerable level of impunity prevalent within the law enforcement agencies, whereby the police did not comply with a valid directive of the Ministry of Justice, which is the body recognised by the law for the prosecution of suspects. Kari Ann R’ouke was still being detained even after the police got the legal advice since March 5, 2021.”
0 Comment(s)