Kemisola Oye
THE ongoing trial of a Bus Rapid Transport (BRT) driver, Andrew Nice Ominikoron, alleged of killing a 22-year-old tailor, Oluwabamise Ayanwola, suffered another setback due to the defendant’s counsel’s ill health.
The trial judge, Justice Sherifat Sonaike of a Lagos High Court, had fixed today for continuation of trial after the case came up on 10 October 2024, but the proceeding couldn’t go on due to the absence of the defendant’s counsel, Mr Abayomi Omotubora.
However, when the case came up again today, the lead defence counsel, Omotubora, sought another adjournment on the grounds of ill health, adding that his inability to bring the two witnesses to court was due to his illness.
Omotubora was absent but represented by P.O Idogun, who told the court that the matter was adjourned to today for continuation of trial. A date chosen by Omotubora in the last hearing, while he insisted that “even if the heavens fall, he must be in the court today,
Idogun told the court that he would not be able to go on due to the lead counsel’s ill health.
“The lead counsel called me this morning at about 8 o’clock, that he is critically ill and won’t be able to make it to court alongside the two witnesses he ought to bring to court. He said due to his ill health, he couldn’t reach them.”
Idogun, therefore, apologised for the turnout of events, stating that he would have loved to proceed if the witness were in court, and he thereafter sought an adjournment.
Responding to his submission, the prosecution counsel, T.E. Onilado, objected to an adjournment. He told the court that the case has suffered numerous adjournments from the defence counsel.
Onilado said the prosecution office has received numerous queries for the delay in the case including from the Governor of Lagos State and his deputy.
She added that Omotubora promised that even if heaven falls, he must be available on the next adjourned date, which is today. She, therefore, prayed the court to close the defendant’s case and adjourned for final written address.
Idogun appealed to the court that the defence be given a last adjournment in the interest of justice. He noted that since the defence lead counsel was meant to come with the witness but was absent due to his ailment.
After their submissions, Justice Sonaike held that: “Having gone through the court records, found out that the prosecution counsel closed his case on 20 October 2023 and between then and now, there have been ten adjournments, within which the court has allowed the defence to prove their case and express his rights under the law.
“The defence counsel has always come up with one excuse or another to delay this matter. This case has suffered setbacks at the instance of the defence counsel. Submissions of defence is an excuse to delay the matter further. If he intended to bring the witnesses, they would have been present in court given that he fell ill just today. “
The judge refused the adjournment and closed the defendant’s case. The judge further stated that though he lived up to his promise from the last hearing, where he said he must appear before the court or send someone to continue the case, sent a lawyer who knows the case to continue with the proceedings since he was absent.
Justice Sonaike, therefore, ordered parties to file their written addresses. Omotubora is to file his written address within 21 days, while the prosecution was also directed to reply on point of law within 21 days, which is on or before 29 January 2025.
She subsequently adjourned the case to 30 January 2025 for adoption of their written addresses.
Eighteen-Eleven Media