Sibilings of Mr. Yinka Olusa a former auditor at the School of Health Technology, Akure, Ondo State, are crying for justice over the death of their brother after he was discharged and satisfied ok by Doctors at the Ondo State specialist hospital Akure.
According to his family, his remains are still at the morgue of the University College Hospital, Ibadan, Oyo State, and he will not be buried until his widow, Toyin Olusa, is prosecuted for alleged complicity in his death.
The Olusa family claimed that even while their brother was undergoing treatment for Prostate enlargment at the State Hospital the Nurses and Doctors cought his wife Toyin beating him on hospital bed.
He was allegedly discharged from the hospital after his wife and the hospital management had a disagreement.
He was however readmited, treated and satified ok
While taking rest at home, Toyin allegedly poured hot water on him and he sustained 90 degrees burns, which led to his readmission again and subsequent transfere to UCH Ibadan where he died at the hospital on December 28, 2017 of sevear pains.>
However the wife of the diseased Toyin, claimed she gave him hot tea to resuscitate him when he fainted.
Olusa Royal family of Ajowa Akoko claim that the Ondo State Director of Public Prosecution asked the police to prosecute Toyin for her role in Yinka’s death, but the police rejected the advice.
Since then, the suspect has been moving about freely untouched, hence the deceased’s family applied for a fiat to enable private counsel to take up the prosecution.
The family claimed that the Zone 11 Police Command and the Ondo State Directorate of Public Prosecutions, which should be like arbitrators, are in a stand-off, as there are allegations of cover-up, compromise and bribery at both ends.
After trading of blames on the cause of death, an autopsy report stated that the late Yinka died primarily from sepsis with broncho pneumonia and secondarily from extensive superficial burns injury.
DSP Sola Babalola the then Zone 11 Police Public Relations Officer, said to avoid being seen as partial, the police referred the case file, with the autopsy report, to the Ondo State DPP for interpretation and advice.
A copy of the legal advice dated October 17, 2018, asked the police to arraign the deceased’s wife for assault occasioning bodily harm.
“I hereby recommend that page B1- Mrs Olusa Toyin, be charged with the offence of assaults occasioning harm contrary to and punishable under Section 355 of the Criminal Code Cap 37, Vol. 1 Laws of Ondo State, 2016. The police should continue with the prosecution of the case,” the advice, signed by D.F.A. Omoloye, the Assistant Chief Legal Officer for the Attorney and Commissioner for Justice, read.
The advice, which was addressed to the Deputy Commissioner of Police, State Criminal Investigation and Intelligence Department, Akure, where the matter was first investigated, was forwarded to the assistant Inspector-General of Police, Zone 11, Osogbo.
Yinka’s family lawyer, Femi Emodamori, in a rebuttal letter to the Ondo State Attorney General’s office, asked the ministry to discountenance the letter.
“Our clients regard the letter as part of the desperate attempts by Mrs Foluke (Toyin) Olusa to escape justice in the now notorious, sensitive and public-interest generating case of a woman allegedly killing her own husband by cruelty and violence.
“A criminal offence is against the state and no individual citizen has the power under our laws to assume the power of an alpha and omega in a criminal matter by dictating whether or not the state should prosecute a person indicted for committing an offence…” the letter said in part.
A policeman at zone 11 was alleged to have demanded money for mobilisation to arrest and arraign the deceased’s widow.
A few days later, the officer reportedly complained that the Assistant Commissioner of Police, Legal Department, directed that Toyin should not be prosecuted over loopholes in the legal advice.
Again, Emodamori wrote a petition to the AIG, Zone 11, lamenting an alleged plot to cover up the case.
“In actual fact, our client observed and made several complaints to your immediate predecessor in office of several attempts to compromise the case in the course of police investigation.
“The latest refusal of the legal department of your zonal command to enforce the directive in the legal advice is, with due respect, preposterous and suggestive of dereliction of duty as well as compromise of the prosecutorial duty of the police as contained in Section 23 of the Police Act by the officers of your legal department,” he said in the petition.
The deceased’s sister, Taiwo, lamented the way the police were handling the matter.
She said, “For a case like this to be swept under the carpet is disastrous. I cannot comprehend it. It appears like the police are trying to spoil the case. They are playing on our intelligence. For almost three months, the legal advice was hidden from us and now that we have it, nothing has been done.”
Due to the police stand-off, the counsel for the family was advised to apply for a fiat and take over the prosecution.
In a letter to the Ondo State Ministry of Justice, dated April 30, 2019, the lawyer decried the handling of the criminal matter and asked the police to give him authority to prosecute the case.
The Ondo State Attorney-General and Commissioner for Justice, Adekola Olawoye, in his response, dated June 10, 2019, gave Emmanuel the power to prosecute the case.
“You are to brief the office of the Attorney-General every 30 days before judgment and also to revert to this office at the conclusion of the prosecution with report and judgment in the case,” he said in the letter.
Emodamori, said he is set to get the case file from the police to be able to study it and draft charges against the suspect. He said he hoped the process of starting the prosecution would not be difficult.