Don’t let ‘Tokyo’ die in prison, counsel prays court

Failure to get the UCH medical treatment, the lawyer said, may lead to an untimely death of ‘Tokyo’ in the Agodi Prison where he is currently being incarcerated. Speaking while moving an application to transfer ‘Tokyo’ to the endocrine unit of UCH before Chief Magistrate A.S Bolaji, the legal counsel argued that the court had […]

Failure to get the UCH medical treatment, the lawyer said, may lead to an untimely death of ‘Tokyo’ in the Agodi Prison where he is currently being incarcerated.

Speaking while moving an application to transfer ‘Tokyo’ to the endocrine unit of UCH before Chief Magistrate A.S Bolaji, the legal counsel argued that the court had jurisdiction to grant such an order in view of facts and circumstances of the case.

The presiding Chief Magistrate however refused to grant the Tokyo’s application, saying since her court lacked jurisdiction to entertain the substantive charge against the embattled former Oyo NURTW boss, such an application should have been taken to the High Court.

Chief Magistrate Bolaji stated that her court was only empowered to remand the accused person in a proper custody, adding that jurisdiction is a matter of law which can never be subjected to sentiment.

State counsel, O. A. Ladapo had earlier argued that there was no need for such order since the respondent would be ready to make necessary medical facilities available to the embattled former Oyo transport union boss at the Agodi prison.

Ladapo posited that the proper document to look into by the court before assuming jurisdiction on the application is the charge before the accused person, which is criminal in nature.

But Tokyo’s counsel insisted that there was need to preserve the life of the accused person since only the living could be made to stand trial.

He said: “It is a natural law that only the living can be made to stand trial, hence the need for this honourable court to make further consequential order. Your Lordship is enjoined to look into the rest to decide jurisdiction. We are praying that the applicant should be seen by the federal authority, which is the UCH. If your Lordship fails to to assume jurisdiction in spite of the fact and circumstances, substantial injustice will be done. The applicant can die, although we don’t pray for such a thing to happen.”