Court Reserves Date For Judgement On OAU Student, Adegoke’s Alleged Murder, Trial Of Adedoyin, Six StaffJustice 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.
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.
Falana cited the case of the Comptroller, Nigerian Prisons Service v. Adekanye 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.
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.
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 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.
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