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There was an uproar at an Ogun Magistrate court, sitting in Isabo Abeokuta, the state capital, when a police constable with the Adatan divisional station was caught with an ‘illegal’ search warrant.
The constable was queried for executing an illegal search on the house of a suspect without passing through the necessary channels.
The ‘illegal’ act was unveiled during the trial of one Kazeem Akamo who allegedly refused to supply a trailer of granite stone worth N367,000 to one Kolawole Olanrewaju after being paid.
The prosecuting counsel, Asp Famuyiwa Matthew told the court that the defendant refused to supply the granite and refused to refund the money.
During the court proceeding, the Police Investigation Officer, simply identified as Constable Ahmed was summoned into the witness box to give reports of the investigations conducted regarding the issue.
Speaking in the box, Ahmed said his findings showed that the defendant had not supplied the granite to Kolawole neither has he refunded the money.
Meanwhile, the defence counsel, O.A Ariremako questioned the IPO if his investigation revealed that the truck got involved in an accident .
The police were discovered that they used an unsigned search warrant on the defendant’s residence , taking away some appliances such as; vehicle battery, television set, gas cylinder.
Responding to the questions, the IPO spoke said he was told that the defendant’s truck was not part of those that was involved in the accident.
The IPO said that they executed a search warrant on the defendant’s house.
Reacting to the development , the chief magistrate, O.O Olusanya said the court was not aware that the IPO executed any search warrant, neither was the warrant signed by the magistrate or Justice of peace.
However, the chief magistrate, requested to see the search warrant as it was not tendered before the court earlier, asking what the constable’s intention was, since he did not inform the court that the items were in their possession.
The magistrate went through the warrant and described it as illegal, saying that it was not signed by the magistrate or Justice of Peace and was not filed in court earlier.
However, the magistrate said he would not close his eyes to justice and he would be fair in delivering judgement.
He ordered that the ‘illegal’ search warrant be submitted to the court, saying it is now a public document and that the constable does the necessary in the next one hour.
The case was adjourned till 6th December, 2022.
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