Lowo Oyediran’s murder: Defense asks for transfer of case …makes U-turn, apologises to court

THE defense team in the ongoing trial of 28-year-old Yewande Oyediran (nee Fatoki), a lawyer with the Oyo State Ministry of Justice who was alleged of unlawfully causing the death of Lowo Oyediran, her 38 years old husband, on Wednesday, applied through a Motion on Notice that the court should hands off the matter and transfer the case to another judge.

The case was scheduled for continuation of trial before the Chief Judge of Oyo State, Justice Munta Abimbola, but when the matter was called, the private prosecutor, S. S. Akinyele, informed the court that though the case was for continuation of trial and some of his witnesses were in court, he did not invite the main witness who was outside Ibadan because of a motion served him by the defense.

“My Lord, though the matter is for hearing, not all my witnesses are in court. This is because of a Motion on Notice, dated December 20, 2016, served on me by the defense around 4:00p.m. yesterday, asking that the case be transferred to another judge.”

In response, the lead defense counsel, Leye Adepoju, confirmed that an application was filed and served on prosecuting counsel and that they were ready to move it and the prosecutor also stated that he was ready to reply on point of law.

In arguing his application, Adepoju stated that the motion on notice, dated December 20, 2016, was brought pursuant to Section 36 of the constitution of the Federal Republic of Nigeria 1999 as amended, adding that the section provides that  a party in a civil rights matter is entitled to fair hearing, independence and partiality within a reasonable time.

He supported his argument with an affidavit sworn to by John Olufemi Ojediran from the Ashanike Chambers, which alleged that as part of the defense team, he had been a part of proceedings and was therefore in court at the last sitting when the judge ordered that the cheque returned by two of the prosecution witnesses – Chief John Adelodun Akinpelu and his wife, Esther Omotayo Akinpelu, be returned to the coffers of the judiciary where it was drawn.

The legal counsel had alleged in the affidavit that unless the case is transferred to another court, the defense will not get justice, adding that the chief judge has contact with the prosecuting counsels before court sittings.

In his reply, the chief judge stated that the defense should argue its case and prove the bias of the court, adding that he will transfer the case if the defense can prove it has been treated in any unfair way.

Justice Abimbola further asked that Yewande, as a lawyer, should tell the court if she thinks her case had been treated with bias by the court and she answered that she had been treated fairly.

The judge warned lawyers to stop impugning on the reputation of the court without reason or proof, adding that as a member of the National Judicial Council, he has a responsibility to uphold the dignity of the court, expressing his disappointment that the defense team is using false allegations to discredit the credibility of the court.

But half way through its argument, the defense team reversed its position with an application that the court strike out paragraphs of the affidavit, adding that once the court strikes out the paragraphs, the application becomes legless and should also be struck out.

“My lord, we are extremely sorry. We want to reverse, forgive us. We are withdrawing because we have found out in the course of our arguments that some of the deposed paragraphs in the affidavit in support of the application are uncomfortable,” Adepoju said.

Justice Abimbola, in his ruling, stated that, “the apology of the applicant counsel is accepted. I do not intend to go through the merits of the application but I will strike it out as the other party has not joined issues by way of filing a process.”

After this, the prosecuting counsel moved a motion dated November 29, 2016 which was filed pursuant to Section 162 of the constitution, praying for an order of the court granting him leave to amend proof of evidence against the defendant to call further witnesses and add some documents.

He added that the witnesses he wanted to add are Dr A.O Oluwanisola and the investigating Police Officer, Inspector Olayemi while the medical report prepared by Dr Olusola on February 16, 2016 will also be added.

The case was adjourned till January 4, 2017 for continuation of trial.

The defense had no objection to the motion and Justice Abimbola held that the court does not have a duty to limit prosecution in the number of witnesses that it can call and granted the order as prayed.

The case was adjourned till January 4, 2017 for continuation of trial.