Justice Ojo adjourned the trial for Friday for adoption of final written addresses from the prosecution and defense counsel.
An Osun State High Court presided over by Justice Oyebola Ojo has reserved judgment on the case of Hilton Hotel owner, Dr Rahmon Adedoyin and six staff over alleged murder of a Master’s degree student of the Obafemi Awolowo University, Ile-Ife, Timothy Adegoke.
Justice Ojo adjourned the trial for Friday for adoption of final written addresses from the prosecution and defense counsel.
Adedoyin with six of his staff; Magdalene Chiefuna, Adeniyi Aderogba, Oluwole Lawrence, Oyetunde Kazeem, Adebayo Kunle and Adedeji Adesola were standing trial on 18 count of conspiracy, murder, felony, indecent interference of the corpse, alteration and cancellation of receipt and oath-taking to prevent justice.
Arguing on Thursday, counsel to Adedoyin, Yusuf Alli, countered human rights lawyer, Femi Falana, SAN, by challenging his locus to prosecute the case, noting that it was not in agreement with the law and the fiat granted to him to prosecute Adedoyin and other staff were not properly obtained. He prayed the court to prohibit Falana from participating in the case as prosecutor.
In his reply, Falana said that only the Attorney-General of Osun State who gave him the fiat, could question his conduct of the case. N
He noted that neither the trial court nor any of the defence counsel was competent to ask him to produce his locus standi.
Falana cited the case of the Comptroller, Nigerian Prisons Service v. Adekanye (2003) 33 WRN 65, where the Supreme Court berated the Court of Appeal for compelling the Appellant’s Counsel, the late Mr. Fidelis Nwadialo, SAN, to produce his letters of instruction, based on the objection of one of the respondent’s counsel.
The apex court had said "these letters were not to be produced lightly as they were privileged communication between client and counsel.”
Falana also referred to the case of Tukur v Government of Gongola State (1988) 1 NWLR Pt. 68, where Oputa JSC held that "the very fact of Chief Gani Fawehinmi appearing with the Director of Civil Litigation of the Ministry of Justice, Gongola State is sufficient proof that Gani Fawehinmi; a private legal practitioner, was duly authorized to appear and conduct this case for the Gongola State Government."
Falana stated in addition to his fiat he was properly introduced by the counsel from the Osun State Ministry of Justice to take over the matter as prosecutor and no law compulsory it for him to produce the fiat granted to him by the ministry to prosecute the matter before the court. He urge the court to dismiss the prayer of the defense counsel else if their prayer is granted, it may set the trial back.
Justice Ojo pronounced that judgment on arguments on fiat, she said judgment would be delivered alongside the final judgement of the case.
Arguing on the final written address, Yusuf Alli counsel to Adedoyin maintained that evidence by the prosecution witnesses were based on speculations, and he urged the court to discharge Adedoyin and the six staff.
He noted that there was no direct evidence against any of the defendants linking them to the death of the late Adegoke. He said that going by the account of the pathologist, late Adegoke died either late on 5th or early on 6th, saying the entire case was based on suspicion.
He told the court to discharge the defendants on conspiracy to murder and murder.
He noted that the only connection Adedoyin had with the matter was simply because he is owner of the hotel where the death occurred. He said there was no vicarious liability in law.
But Falana insisted that Adegoke was brutally murdered in his hotel room and dumped in the bush and efforts were made by the defendants to obliterate the act by those involved, who took oath of secrecy.
He noted that as if that was not enough the defendants informed the family and the police that the deceased never lodged in the hotel where his dead body was found.
Falana said the prosecution had proved the case of the cruel murder of Adegoke by circumstantial evidence which was cogent and convincing. He said that the prosecution's case unfolds a pathetic, chilling and sinister phenomenon whereby a guest in a hotel room was eliminated from this worldly scene and consigned to his heavenly abode by putting an untimely end to his innocent life.
Based on the evidence led, he urged the court to ensure justice. He said even if heavens will fall, if any of the defendant is found guilty, punishment should be meted out to him or her.
Justice Ojo said judgement would be delivered in a month's time