.Falana leads prosecution team
BY TIMOTHY AGBOR, OSOGBO
The case of the alleged murder of Master’s student of Obafemi Awolowo University, Timothy Adegoke at Hilton Hotel, Ile-Ife, on Monday, was delayed following the failure of some of the defence counsels to prepare for their defence.
The hotel owner, Dr. Ramon Adedoyin; and six of his staff, Magdalene Chiefuna, Adeniyi Aderogba, Oluwale Lawrence, Oyetunde Kazeem, Adebayo Kunle and Adedeji Adesola have been standing trial over 11 count-charge bordering on conspiracy, murder, altering of receipt, tampering with corpse and administration of extrajudicial oath pressed against them by the Federal Government.
The presiding judge, Justice Adepele Ojo had adjourned further hearing on the matter till April 25, after a no-case submission that defence counsels entered on behalf of their clients, failed.
When proceedings resumed at about 9:35am on Monday for the defence to open their case, there were arguments among counsels over the propriety of handing over the case to the human rights lawyer, Mr Femi Falana. Falana, who was present in court had failed to announce his appearance when other lawyers were doing so.
Matthew Omosun, the lead prosecuting counsel from the Police Force Headquarters had announced his appearance for prosecution before Mr Abiodun Badiora, the Administrator General and Public Trustee of the Ministry of Justice in Osun State orally informed the court that the state government was going to take over prosecution of the matter.
Reacting to the development, Falana informed the court that he had gotten a fiat from the Osun State government to take over the prosecution and so urged the court to allow him lead the prosecution.
Falana said, “I have got the fiat to take over the prosecution of the case. The constitution has not stipulated that the attorney general must sign an application. At this stage, I am leading the prosecution based on the fiat given to me by the state. I have already taken my colleagues into confidence this morning. Bringing a formal application will waste the time of this court. This is a state offence, notwithstanding it is titled federal republic of Nigeria. This has already been settled by the Appeal ad Supreme Court. I am announcing appearance to lead the prosecution.”
But Ojo described Badiora’s application to take over the matter for the state as “strange” and asked him to approach the court with formal application. All the defence counsels present, including K. K. Eleja, Muritala Abdulrasheed and Okon Edet Ita said it was improper for the state government, that was not a party in the matter, ab initio, to suddenly appear to take over prosecution without prior information to neither the judge nor the counsels involved.
Abdulrasheed said, “It’s after the Attorney General has taken over from the prosecution that the formal application will be made then, fiat will be donated to Mr Falana, SAN. The Attorney General is not even in this matter. This case is Federal Republic of Nigeria’s. Can the State Attorney General take over the case without the fiat of the Federal Attorney General?”
For Ita, “This application should have been done in a manner that makes the prosecution tidy. Falana and Badiora are observers as far as this case is conference as at this stage. Their applications are not tidy. They shouldn’t delay us. Our clients are in detention and they should be aware of that.”
Defending his action, Badiora said, “The offences are state offences even by the Criminal Code Act under which the charge has been brought. Under the provision, Section 211 of the Federal Republic of Nigeria, it’s the Attorney General that has the power to prosecute. They are state laws. The state Attorney General has the power to take over any matter at any stage of the proceeding even at the time of judgement.”
But, at about 9:55am, amid the counsels’ arguments, the second defendant, Magdalene Chiefuna, who was in the dock with the other six defendants, started coughing and stooped down inside the dock and kept on coughing repeatedly. The apparently sick defendant was led out of the courtroom by prison officials.
To this end, Justice Ojo rose for brief adjournment in order for Chiefuna to be attended to. After few minutes, proceedings resumed after Chiefuna was brought back to the courtroom. Omosun informed the court that he put a telephone call across to the CP legal at Force headquarters saying that he was not aware of the fiat. But Omosun said he was instructed to work with Falana for prosecution.
Consequently, Falana appeared afresh for prosecution alongside Badiora, Chief state counsel, Faremi Moses, A.O. A. Adegoke, M.O. Omosun, F. B. Osei, Fatima Adesina, Femi Akinyemi, and J.O. Ibulubo.
Justice Ojo then asked the defence to open their case. Adedoyin’s lawyer, Eleja, said his client would not be entering defence. He said, “having considered the evidence before the court, we have decided that the first defendant (Adedoyin) will not call any evidence in this case.”
Abdulrasheed, counsel to the 2nd, 4th and 5th defendants asked the court for adjournment of the matter because he had not prepared his clients. He also disclosed that he sought adjournment due to the ill-health of Chiefuna. He said, “I intend to lead her (Chiefuna) in evidence but my flight from Abuja was delayed, I didn’t have the opportunity to prepare her for her defence. To make matter worse, it just occured that Magdalene needed medical attention to examine her state of health. I will passionately be pleading to your Lordship for adjournment. To stabilise her health and give me ample opportunity to prepare her for her defence.”
“I also hold brief of Mr Rowland Otaru, counsel to the third and sixth defendants, and he (Otaru) also requested me to pray for an adjournment on his behalf because his flight was also delayed from Abuja to Lagos. He will be defending his Doctoral thesis in Law in Inisan Iremo on Wednesday, 29th April, 2022 and this is to enable him complete his academic work before coming to court.”
Okon, lawyer to the seventh defendant said the defendant would be entering defence and that Adedeji would call two witnesses. “As at today, we are not prepared to go on and other defendants have to come before us. We seek an adjournment in the circumstance.”
Falana did not oppose the application for adjournment. Justice Ojo therefore adjourned the matter till May 25 for defence to open their case.
