Charges against a 20-year-old man, David Monday, by The State of Lagos (prosecution) was Tuesday dismissed by a Lagos High Court sitting in Igbosere, Lagos Island over what it described as none existence of the prosecution.
Monday was arraigned on a two-count-charge of armed robbery, which he pleaded not guilty to and was remanded in Ikoyi prison.
According to the trial judge, Justice Ebenezer Adebajo; “Section 3 of the Constitution is headed States of the Federation. It is by virtue of this section that a State belonging to the Federation, note the use of the word ‘of,’ is named as Lagos. Thus we have Lagos State.
“This application is brought against The State of Lagos. It is a State belonging to Lagos. Does Lagos own a State? Who is Lagos or what is Lagos?
“Lagos exists by virtue of Section 3 of the Constitution and it comprises of named Local Government Areas. To say The State of Lagos is to refer in my opinion to a State that belong to Lagos.
“It is not the same thing as Lagos State. It is for this reason that I do not accept that the party against whom the application is brought exists.
“It is for this reason that the application is struck out,” the court ruled.
Counsel to the defendant, Miss O. Oduntan, said since the application was struck out due to none existence of prosecution, it means the charge was of no existence. She therefore urged the court to strike out the charge against the defendant, which the judge obliged to after hearing the prosecution’s response.