The decision followed a prosecution that began with allegations linking the defendants to a deadly kidnapping incident in Agbamu, Oyun Local Government Area of Kwara State, in August 2023.
A Kwara State High Court sitting in Ilorin has discharged eight men accused of kidnapping, murder, armed robbery and illegal possession of firearms after the state government withdrew the criminal case against them, nearly three years after their arrest.
The defendants were discharged on Wednesday by the presiding judge, Honourable Justice Yusuf Adebayo Dikko, after the prosecution, represented by Senior State Counsel Cyril N. Kolo, applied to withdraw the charges.
The decision followed a prosecution that began with allegations linking the defendants to a deadly kidnapping incident in Agbamu, Oyun Local Government Area of Kwara State, in August 2023.
The eight defendants are Suleiman Mohammed, Ibrahim Ahmed, Yekeen Raji, Aliu Saheed Babatunde, Abraham Alaka, Jooji Fajenyo, Salihu Umar and John Gazale.
During the proceedings observed by SaharaReporters at the Kwara State High Court in the Government Reserved Area, Ilorin, Kolo told the court that he was acting on the instructions of the state Attorney-General and Commissioner for Justice, Senior Ibrahim Sulyman, who was recently conferred with the rank of Senior Advocate of Nigeria (SAN).
The prosecution subsequently sought the withdrawal of the case.
Lawyers representing the defendants did not oppose the application but urged the court to discharge and acquit their clients, arguing that the men had endured considerable hardship, including time in prison, while facing serious criminal allegations.
However, Justice Dikko granted the application for withdrawal and discharged the defendants without acquitting them.
The distinction means the court did not pronounce the men innocent of the allegations. Rather, it formally discharged them after the prosecution withdrew the case.
The state government did not publicly explain in the proceedings the specific reasons for abandoning the prosecution.
Defendants Were Arrested In 2023, Lawyers Say
Speaking to SaharaReporters after the court session, a member of the defence legal team said the case began in August 2023, when the defendants were arrested and allegedly paraded as terrorists.
The lawyer said the arrests and the publicity surrounding the allegations exposed the men to public stigma, with some people allegedly branding them terrorists because of their ethnic backgrounds.
The lawyer said some of the defendants were Fulani and claimed that the manner in which the allegations were presented to the public contributed to the perception that the men were responsible for the crimes.
According to the defence lawyer, the defendants were taken to prison in August 2023 and remained there until January 2024, when the defence filed a bail application that was subsequently granted.
The lawyer added that the men were arraigned earlier in 2026, before the prosecution eventually applied to withdraw the case.
“The case started since August 2023 when the defendants were arrested and paraded them as terrorists. A lot of people called them terrorists because of their tribes, some of them are Fulani,” the lawyer told SaharaReporters.
The lawyer said the defendants had suffered significant emotional and reputational consequences from the allegations, adding that the prosecution's decision to withdraw the charges came after the case had progressed through the court process.
Defence Links Case To Dispute Over Farmland
The defence lawyer also alleged that the case arose from a dispute involving the defendants, who were farmers, and a woman identified as the nominal complainant.
According to the lawyer, the woman had purchased farmland from the defendants, but disagreements developed when the farmers insisted that they would not leave the land.
The lawyer said that during the dispute, the woman and other people travelling with her were kidnapped by unidentified gunmen.
One of the people allegedly abducted, Peter Fadahunsi, later died, according to the prosecution's amended charge.
The defence lawyer alleged that after the kidnapping, the police arrested the defendants and accused them of involvement in the incident.
The lawyer's account suggests that the defence believes the land dispute was relevant to understanding the circumstances surrounding the arrests. However, the available court document does not establish that the dispute caused the arrests or that the defendants were falsely implicated.
The prosecution's amended charge accused the men of conspiring to commit crimes and participating in the kidnapping, killing, robbery and unlawful possession of firearms. Those allegations were not proven through a conviction in the proceedings described.
A court document obtained exclusively by SaharaReporters provides details of the allegations brought against the eight defendants.
The document is titled Amended Charge in Charge No. KWS/173/25, between the People of Kwara State and the eight defendants. It was dated February 19, 2026, and signed by Cyril N. Kolo, Senior State Counsel at the Kwara State Ministry of Justice.
The charge contained six counts relating to alleged offences committed on or around August 27, 2023, in Agbamu and along the Federal Highway near Erin-Ile town in Kwara State.
The first two counts concerned the alleged conspiracy to cause the death of Peter Fadahunsi and the alleged commission of an illegal act intended to cause his death.
In Count One, the prosecution alleged that the defendants and others still at large conspired to cause Fadahunsi's death in Agbamu on or about August 27, 2023. The charge cited Section 9 of the Penal Code, Cap. P4, Laws of Kwara State 2006.
Count Two alleged that the defendants committed an illegal act intended to cause Fadahunsi's death. It cited Section 221 of the same Penal Code.
The third and fourth counts concerned the alleged conspiracy to kidnap four people and the alleged kidnapping itself.
The prosecution accused the defendants of conspiring to kidnap Chief (Mrs.) Grace Adepoju, Isaac Kehinde, Wale Omobolanle and Peter Fadahunsi, who was listed as deceased in the charge.
In Count Four, the state alleged that the defendants kidnapped the four victims and demanded a ransom of ₦90 million, subsequently collecting ₦7 million before the victims were released.
The charge cited Sections 2 and 15 of the Kwara State Prohibition of Kidnapping Law, 2010, for the conspiracy and kidnapping allegations.
State Alleged Armed Robbery, Seizure Of Cash And Phones
Count Five accused the eight defendants and others at large of armed robbery during the same incident.
According to the amended charge, the defendants allegedly dispossessed the victims of their mobile phones and cash amounting to ₦1.425 million.
The prosecution cited Section 1(2) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria 2004.
The final count concerned the alleged possession of firearms and ammunition.
The prosecution alleged that on or about August 27, 2023, along the Federal Highway near Erin-Ile town in Oyun Local Government Area, the defendants were found in unlawful possession of four pump-action guns, four English-made single-barrel guns, one English-made double-barrel gun and 63 live cartridges.
The charge cited Section 3(1) of the Robbery and Firearms (Special Provisions) Act.
Court Official Questions Prosecution's Handling Of Case
A court official who spoke to SaharaReporters expressed concern over the government's handling of a criminal case involving allegations of kidnapping and murder.
The official argued that the prosecution should have conducted a thorough investigation and built a strong case before bringing the defendants before the court.
“The manner in which the Kwara Government handled a case of high importance like this is worrisome,” the official said.
The official further alleged that inadequate investigation and prosecution weakened the state's case, eventually leading to the decision to withdraw the charges.
“Instead of Kwara Government to do a proper investigation and prosecution in this case, they did a very lazy job and this weakened their case and now asked for the withdrawal of the case,” the official said.
The official also linked the handling of serious criminal cases to wider concerns about insecurity in Kwara State, arguing that cases involving alleged kidnapping and murder require thorough investigation and effective prosecution.
The official's assessment was not a judicial finding on the quality of the investigation. The court ruling, as described in the available information, granted the prosecution's application to withdraw the case and discharged the defendants.
Government Yet To Explain Why It Withdrew Charges
The circumstances surrounding the prosecution's decision to withdraw the charges remain unclear.
During the court proceedings, Kolo said he was acting on the instructions of the Attorney-General and Commissioner for Justice. However, the information available from the proceedings did not establish whether the withdrawal followed a review of the evidence, a reassessment of witness testimony, an investigative development or another legal consideration.
The state government's decision also leaves questions about the investigation into the kidnapping incident, the death of Fadahunsi and the alleged ransom payment.
The available documents do not establish whether other suspects remain under investigation, whether anyone else has been charged in connection with the incident or whether the authorities intend to pursue further proceedings.
When asked why the government was withdrawing the case, Kolo said it was “in the public interest.”
0 Comments
Leave a Comment