Abayomi Omotubora, lawyer of Olalekan Ogunyemi, a dismissed police inspector accused of killing Kolade Johnson, 35, at a viewing centre in Lagos, on Thursday, said that the defendant acted within the rules of engagement.
Mr Omotubora made the submission while cross-examining the fourth prosecution witness, Chris Akpanomo, the Investigating Police Officer of the case, at an Ikeja High Court.
Questioning Akpanomo, Omotubora said: “The incident occurred as a result of the defendant carrying out his lawful duty as a police officer.
“As the IPO, you will agree that all the facts contained in the statement are true. Are you also aware of what Force 237 is?”
Akpanomo responded saying the murder occurred while Olalekan was carrying out his lawful duty as a policeman.
He said that the defendant had said in his statement that he and his team members were violently attacked by some youths while trying to arrest a suspect.
“Force Order 237 states that if an officer is attacked and there is no other way to save himself, he should use a firearm.
“It states that if another officer is being attacked and there is no other way to save the officer, a firearm can be used,” he said.
The IPO noted that a scenario where a police officer is being attacked and disarmed for the purpose of his weapon being taken away also falls under those envisaged by Force Order 237.
Akpanomo also testified during cross-examination that during his investigation, he never saw the corpse of the deceased and that a ballistic test was not conducted on the defendant’s weapon.
Justice Adenike Coker adjourned the case until March 5 for continuation of trial and ordered that Olalekan should be further remanded at the Ikoyi Custodial Centre.
Ogunyemi, who was attached to the Anti-Cultism Unit of Lagos State Police Command, allegedly shot dead Johnson, on March 31 during a raid around a football viewing centre at Onipetesi area of Lagos.
The alleged offence contravenes Section 223 of the Criminal Law of Lagos State, 2015.
