* Says it’s purely criminal litigation
The legal team of the Muslim family assaulted by Pastor Stephen Kolawole of the Christ Apostolic Church and his son, Damilola Stephen in Iseyin, Oyo State says there is no going back in ensuring justice for Mallam AbdulAzeez Sulaimon and his two niqabi (veiled) wives.
This assertion came on the heels of alleged threats from varying quarters to the complainant – Mallam Sulaimon, pushing him to withdraw the case from the law court or face dire consequences.
The team insisted that the case before Justice O. O. Ogunkanmi of the Chief Magistrate Court in Ibadan is “purely a criminal litigation” and should proceed accordingly.
The team led by Barrister Abdul Waheed Olowonjaye made this known to Muslim News in reaction to a widely circulated audio on social media attributed to one of the leaders of Christian Association of Nigeria (CAN) in Iseyin, threatening to deal with Mallam Sulaimon and his family should they refuse to withdraw the case from court or simply refrain from pursuing the prosecution.
Muslim News reports that Pastor Kolawole (44) and one Ogunwale Olayemi (34) were on Thursday, July 11 arraigned at the Chief Magistrate Court 1, Iyaganku in Ibadan, for criminal assault on Mallam Sulaimon and his wives – Hajia Nafisat Imran and Hajia Hajara Abdulrasaq.
The duo, the pastor’s son, Damilola (an army officer) and others still at large are being charged with attempted murder, conspiracy to commit murder, house-breaking, stealing, and criminal assault against Mallam Sulaimon and his family on Sunday, June 16, shortly after they returned from the Eid (praying) ground.
The Chief Magistrate, however, granted the accused bail and adjourned the case to 27th September for a possible amicable settlement out of court.
Muslim News gathered that immediately after they were granted bail, an audio interview of a man who identified himself as one of the leaders of CAN in Iseyin went viral, threatening the Muslim family to withdraw the case or face a “full war”.
Muslim News couldn’t immediately verify the identity of those behind the audio but when contacted, the counsel to the Muslim family dismissed the threat, saying there is no going back in ensuring justice for Mallam Sulaimon and his wives.
“We have listened to the audio. We aren’t withdrawing the case. We’ll pursue it to a logical conclusion. We’ll get them justice. Although the attacked family are Muslims, yet, this is not about religion. It’s purely a criminal matter and we’ll not settle out of court. Let this serve as deterrent for others who think they are above the law.”
No sign of remorse from accused persons: Lawyer
A member of the Muslim Lawyers’ Association of Nigeria, MULAN, Barrister Waheed Olatunde Lawal, said the accused persons should have made a formal application for settlement out of court immediately after the submission of the presiding judge if indeed they’re remorseful of the offences.
Lawal, however, noted that from the trending audio interview of the CAN leader which was released after the arraignment, he couldn’t see any sign of remorse in the accused. He, therefore, called on the counsel to proceed for full trail.
“This is a criminal matter, but based on the submission of the presiding judge, one would have expected the defendants, whether through their counsel or the leadership of the CAN, will make a formal and official application that they want the case settled amicably out of the court. That’s the first step.
“Even in Islam, there are conditions for seeking forgiveness from Allah. You must acknowledge that you’ve sinned. You must seek forgiveness, and you must be remorseful and seek repentance by stating that you’d not commit the sin again.
“In this case, they’re expected to make a formal request, which they’ve not done. So, when they make their request, we’d examine the language, the nature of the request and the general disposition. Is there any evidence that indicates remorsefulness? Is there any likelihood of repetition of that offence in the distant or nearest future? Or how will they comport themselves after leaving the court? All of these will be taken into consideration before we can examine and determine whether we should accept the offer to settle.
“Then the nominal complainant, Mallam Sulaiman, and the (wives) who are also victims of the criminal offence will have to put heads together and channel their demands, as well as their terms and conditions to the lawyer watching the brief. That means, their counsel will forward it to the defendants’ counsel for consideration and appraisal. That is how it is done.
“In the absence of this, and considering the fact that the the CAN leader was heard threatening Mallam Sulaimon in the audio interview, we will have to proceed to full trial. In addition, the counsel, on behalf of the victims will take appropriate steps to seek civil remedies”.
The Muslim lawyer revealed that he would have considered appeal for settlement out of court if they were remorseful and followed procedures.
“There’s nothing wrong if they’re remorseful and they fulfil the terms and conditions. Those terms and conditions will serve as deterrence to others. It is not cast in iron. If they’re punished in the court of law, it will serve as a deterrent. We’re not the court and only the court reserves the power to give the judgement. So, no lawyer can say authoritatively that an accused would be punished or not.
“Whether they’re convicted, sentenced, fined, or in lieu of conviction and sentence, they’re able to arise at a settlement out of court, it’s going to be based on terms and conditions. The mere fact that terms are attached to the forgiveness or withdrawal of the case will also serve as deterrence. It won’t be for free because the victims were medically treated, and there was psychological trauma that was inflicted on them. It also involve trauma and embarrassment, considering the timing of the commission of the offence – Eid-l-Adha day, the greatest day in the year, a period of festivity. How they truncated the joy of that day. The trauma and sadness can not be quantified”, he concluded.
