A Delta state high court sitting in Asaba has adjourned further hearing of the case involving three men accused of killing one Miss Elozino Ogege, a 300-level Mass Communication student of the Delta State University Abraka to June 4.
The defendants, Macaulay Desmond Oghenemaro, Nwosisi Benedict Uche, and Enaike Onoriode, are facing charges of conspiracy and murder allegedly committed against the student on November 15, 2018 in Abraka, Ethiope East council area of the state.
The fourth defendant, one Ojokojo Robinson Obajero was said to have allegedly passed away.
At the resumed hearing of the matter last week, the 1st defendant, led by his Counsel, S.C. Okehielem Esq. opened his defence to the charge.
The defendant denied committing the offence and stated that he was arrested in his house at Oghara by Policemen, who accused him of being a “Yahoo boy”, alleging that he was tortured by the Police while in their custody.
Under cross-examination by the prosecuting Counsel, Omamuzo Erebe Esq, Solicitor-General Delta State, who led F.J. Solomon, a Senior State Counsel, the 1st defendant denied deposing to a witness statement on oath where he stated that he was arrested at Abraka at the home of one Kelvin.
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The line of cross examination and the application by the prosecuting counsel to tender the written deposition in evidence was objected to by the 1st defendant’s counsel.
The objection led to legal arguments from both Counsel, which lasted for well over 30 minutes.
The 1st defendant Counsel, S.C. Okehielem Esq stated that the witness statement sworn to by his client in February 2022 had been withdrawn and struck out by the Court and so could no longer be used for any purpose.
Responding to the objection, the Solicitor-General stated that the objection was not tenable and relied on Supreme Court and Court of Appeal cases to support his position that the sworn written deposition could be used to contradict the witness, even if it had been withdrawn and struck out by the Court.
Ruling on the objection, the learned trial judge agreed with the submissions of the prosecuting counsel and admitted the sworn written deposition of the 1st Defendant in evidence as an exhibit in the case.
At the close of the testimony of the 1st Defendant, his counsel applied for an adjournment to enable him to call another witness before the case was then adjourned to June 4 , 2025 for continuation of hearing.
It would be recalled that the prosecution had earlier closed its case after a trial within-a-trial, where the court admitted extra-judicial confessional statements made by the first and third defendants.
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