Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
A resident of Ogun State, Mr Adejare Olasunkanmi, has accused a police prosecutor, ASP Matthew Famuyiwa, of receiving a bribe and removing 18 vital exhibits from a criminal case file at the Magistrate's Court in Isabo, Abeokuta, to frustrate the prosecution of suspects standing trial over an alleged violent attack against him. Olasunkanmi told SaharaReporters that Famuyiwa allegedly conspired with the defence counsel representing the defendants to undermine the criminal proceedings through the disappearance of critical evidence in his case file, a development that ultimately led to the acquittal of the three accused persons on 20 December 2024.
Olasunkanmi alleged that the missing exhibits Famuyiwa allegedly removed from his case file include eight crime scene photographs, including some of the pictures where he was soaked with his blood, the medical report issued to him by the General Hospital, Ijaiye, Abeokuta, and the patient card issued to him on admission at the same hospital. Other missing items include the patient card issued to him at Abraham Hospital, a private hospital he was taken to by the Police for first aid treatment on the night of the violent attack, receipts of the medicine he purchased during and after treatment, and pictures from the crime scene showing remnants of the bottles that were used to attack him. Olasunkanmi also listed photographs of his back filled with injuries, lacerations and bruises, taken by the Investigating Police Officer (IPO), Inspector Blessing Eduwem Peters, as well as some of the weapons that were used to attack him, which were recovered at the crime scene by the IPO.
The complainant also accused the Ogun State Police Command of refusing to investigate an earlier complaint he submitted against the prosecutor despite directives from the office of the Assistant Inspector-General of Police (AIG) in charge of Zone 2 Command, Lagos. According to him, he had initially written to the AIG on 2 January 2025, alleging criminal conspiracy, criminal breach of trust, betrayal of public trust, professional misconduct and unprofessional conduct against Famuyiwa. The petition was acknowledged on 14 January 2025, and he was later informed by ASP Ademola Joseph that the petition had been forwarded to the Commissioner of Police in Ogun State, who subsequently referred it to a Deputy Commissioner of Police for investigation. However, Olasunkanmi alleged that no investigation was ever conducted, prompting him to write a fresh petition.
The attack that led to the criminal case occurred on 3 February 2023, when Olasunkanmi, a Lagos-based litigation officer, visited his late father's property in the Idiya community, Rounder, Abeokuta. According to his account, he was viciously attacked by a gang of nine thugs who broke into the house, smashed bottles on his head, and dragged him down from a one-storey building. He sustained head and eye injuries after being struck with a shovel and a bottle, while his residence was allegedly looted during the assault. He claimed his cash, mobile phones, and other valuables were stolen. The IPO documented the crime scene by taking photographs after the alleged attack and accompanied him to the General Hospital, Ijaiye, Abeokuta, where medical reports and other relevant documents were obtained and included in the case file before the suspects were arraigned.
Olasunkanmi further alleged that before the trial was concluded, the defence counsel, whom he identified as Augustine Ihunba, repeatedly attempted to persuade him to settle the matter out of court through financial compensation. According to him, he rejected the offers, alleging that the prosecutor instead accepted financial inducement to compromise the prosecution. He cited the judgment delivered on 20 December 2024, by Chief Magistrate A.K. Araba, arguing that it stated that no photographs or medical documents were tendered before the court. He contended that the judgment corroborated his allegation that the exhibits had been removed from the case file before trial.
According to a certified true copy of the judgment obtained by SaharaReporters, the court reviewed the evidence presented during the trial involving defendants Alani Adepo, Sherrif Adejare, and Adepo Quadri. The prosecution called two witnesses: the IPO, Inspector Blessing Eduwem Peter, and the complainant, Adejare Olasunkanmi. The investigating officer testified that she visited the crime scene after the alleged assault, obtained statements from the parties, and tendered several documentary exhibits, including the defendants' statements and a bank transfer receipt relating to an attempted settlement. The complainant testified that he was allegedly attacked by the defendants and several others after being accused of stealing sand.
The defendants, however, denied the allegations, insisting the dispute stemmed from a disagreement over sand allegedly taken by the complainant. They maintained that no assault, theft or damage occurred and told the court they agreed to pay N50,000 in an attempt to settle the matter out of court. One of the defendants, Quadri, told the court that he merely cautioned Olasunkanmi during a disagreement over sand and denied conspiring with anyone to attack him or steal his money, insisting that he was at home on the day of the incident.
In her judgment, Chief Magistrate Araba held that the central issue before the court was whether the prosecution had proved the defendants' guilt beyond reasonable doubt, as required under Nigerian law. Citing several Supreme Court authorities, the magistrate reiterated that the burden of proof in criminal proceedings rests entirely on the prosecution and never shifts to the accused persons. Although Olasunkanmi alleged that N255,000 was stolen from his apartment after the alleged assault, the court noted that his initial statement to the police did not state that he actually saw any of the defendants enter his room or take the money. The IPO also testified that none of the allegedly stolen items or cash were recovered during the investigation. The magistrate concluded that the allegation of theft was speculative and amounted to an afterthought, holding that the prosecution failed to establish the offence beyond reasonable doubt.
On the allegation of unlawful assault, the court found that although Olasunkanmi claimed he sustained serious injuries and was photographed by the IPO before receiving medical treatment, neither the alleged medical report, the police medical form, nor the photographs were tendered in evidence. The court also held that Olasunkanmi did not present any visible injuries during the trial to support his claims. Consequently, the court ruled that the prosecution failed to establish the essential ingredients of assault. Similarly, the court dismissed the charge of unlawful damage, noting that Olasunkanmi failed to tender the allegedly damaged mobile phones and power bank as exhibits. On the conspiracy charge, the court held that the prosecution failed to prove any agreement among the defendants to commit an unlawful act. The court held that there was no direct or circumstantial evidence establishing a conspiracy, adding that one of the defendants was not even present at the scene, according to the evidence before the court. Chief Magistrate Araba held that the prosecution failed to prove all four counts beyond reasonable doubt and accordingly discharged and acquitted the three defendants.
However, Olasunkanmi relied on the same judgment to support his allegations, noting that the court's repeated references to the absence of photographs, medical reports, and other documentary evidence corroborated his allegation that 18 crucial exhibits had been unlawfully removed from the case file by the police prosecutor before the conclusion of the trial. He maintained that photographs, medical records, hospital documents, and other exhibits collected during the police investigation were removed before they could be presented in court. Olasunkanmi urged the Assistant Inspector-General of Police in charge of Zone 2 Command, Lagos to investigate the alleged disappearance of the exhibits and determine whether any criminal misconduct or professional negligence occurred during the prosecution of the case.
Olasunkanmi also told SaharaReporters that he petitioned the Chief Judge of Ogun State over the conduct of the police prosecutor but was advised to forward the complaint to the appropriate police authorities. He added that his previous experience working as a litigation officer in the chambers of human rights lawyer Femi Falana (SAN) had taught him the importance of preserving documentary evidence in criminal proceedings. The allegations against ASP Matthew Famuyiwa raise serious questions about the integrity of police prosecutors and the ability of victims to secure justice when those entrusted with prosecuting cases are themselves accused of corruption. As Olasunkanmi continues to press for accountability, the Ogun State Police Command has yet to issue an official statement on the matter. The case serves as a stark reminder of the systemic challenges facing Nigeria's criminal justice system, where the disappearance of evidence and allegations of judicial corruption continue to undermine public confidence in the rule of law.
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