BY TIMOTHY AGBOR, OSOGBO
Counsels to the owner of Hilton Hotels & Resorts in Ile-Ife, Dr Rahman Adedoyin and six of his workers standing trial in connection with alleged murder of a Postgraduate student of the Obafemi Awolowo University, on Friday tendered no case submissions and written addresses before an Osun State High Court sitting in Osogbo to support their arguments that the prosecution has totally failed to establish a prima facie case against the defendants.
But the prosecuting counsel, M. O. Omosun prayed the court to call upon the defendants to enter their defence adding that prema facie cases have been established against them.
The defence counsels had urged the court to discharge and acquit Adedoyin and other defendants including Magdalene Chiefuna, Adeniyi Aderogba, Oluwole Lawrence, Oyetunde Kazeem, Adebayo Kunle and Adedeji Adesola who are facing trial on eleven-count charges, bordering on murder, conspiracy, felony amongst others.
At the resumed hearing, counsel to Adedoyin, the first defendant, Yusuf Alli (SAN), counsel to the second, fourth and fifth defendants, Muritala Abdulrasheed, (SAN), the third and sixth defendants’ counsel, Ronald Otaru, (SAN), and counsel to the seventh defendant, Okon Edet, informed the court in turns that no case submissions, dates March 22, 2022 were filed on same day. They also said that they received the prosecution’s reply which was filed on March 24, 2022.
Alli said the prosecution failed totally to adduce legally admissible evidence, either oral or documentary to prove any of the ingredients of the five counts slammed against Adedoyin. The senior lawyer said the only reason why Adedoyin was arraigned was because the Chiefuna and Adedeji mentioned his name in their confessional statements adding that “the Evidence Act stated that the confessional statements of co-accused can’t be used against another defendant. It can only be used for the defendant who made the confession.”
After citing some cases to support his argument, Alli added that Adedoyin, who is being charged with attempt to commit felony, conspiracy to wit improperly or indecently interference with dead body of Adegoke, conspiracy to with altering receipt of payment made by Adegoke, and conspiracy to with administering of extra judicial oath, can’t be held responsible for his fleeing son, Prince Raheem Adedoyin and further prayed the court to discharge and acquit the first defendant.
Also speaking, counsel to the 2nd (Chiefuna), 4th (Oluwole) and 5th (Oyetunde) defendants who were charged with murder, felony, and conspiracy, Abdulrasheed said the defendants have no case to answer because the prosecution failed woefully to establish any of the counts they were slammed with. He said none of his clients had an interface or engaged with Adegoke when he was alive and that they were not on duty on the day the incident happened. The counsel cited some cases to support his argument and urged the court to discharge and acquit them.
Counsel to the 3rd (Adeniyi) and 6th (Adebayo) defendants who are also facing murder, felony and conspiracy allegations, Otaru asked the court to discharge and acquit them because the prosecution failed totally to establish prema facie case against them. He said the report of Adegoke’s autopsy which was tendered by a pathologist is “bias opinion” and that the court should discharge and acquit the defendants.
Edet, counsel to the seventh defendant (Adedeji) facing counts of murder, conspiracy and felony, said the prosecution did not adduce any iota of strong circumstantial evidence connecting Adedeji to the allegations. He therefore, prayed the court to discharge and acquit the defendant.
However, Omosun informed the court that he filed a reply on March 24, 2022, to each of the no case submissions made by the defendants and said the prosecution had established Prema facie cases against all the defendants. The prosecuting counsel then urged the court to discountenance the no case submissions of all the seven defendants and call them to enter their defence.
The presiding judge, Justice Adepele Ojo, adjourned the matter till Wednesday, March 30 for ruling on the no case submissions and reply of the prosecution.
