Mr. Busayo Oroyo, an Ondo-based lawyer was on Thursday arraigned before a Chief Magistrate Court in Akure for allegedly killing a 25-year-old man, Orioye Oyetakin.
The deceased was the son of Mr. Adeleke Oyetakin, who has been named the Olikan of Itikan in Ilaje Local Government Area of Ondo State.
The three counts preferred against the legal practitioner stated that he, with some others, and on December 27, 2012 conspired to commit felony to wit murder of Oyetakin in Ode-Etikan.
The accused was also said to have attacked and inflicted injuries on Ademola Ikudehunbu on the same day.
Police prosecutor, Bamidele Okota, who prayed for adjournment in the matter, said there was a need to send the case file to the Ministry of Justice for advice and for further investigation.
He also asked that the accused be remanded in custody pending the arrival of the advice of the Director of Public Prosecution.
However, counsel for the accused, Mr. Olusanmi Tobase, opposed the application, saying the issue at stake bordered on accused person’s liberty.
Tobase told the court that a High Court in Akure had in pursuant to an application under the fundamental rights enforcement procedure granted bail to Oroyo.
He said, “In the hierarchy, the magistrate court is enjoined to give full effect to an order of a higher court.”
Tobase, who tendered the order of the court, the motion on notice and the warrant of release, therefore, said the lower court could not remand the accused in prison having been granted bail by a higher court.
Chief Magistrate A. Akintoye, in his ruling, however, said since the court lacked jurisdiction over the first count of the charge and the High Court had given the accused person bail, he could not object to his bail.
He granted the application that the case file be taken to the DPP and that the parties should return to the High Court to seek clarification on the bail.