Ibadan alleged husband killer: Private prosecutor seeks leave of court to file additional evidence
The private prosecutor appointed by the Oyo State government to prosecute the murder 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, Mr. S.S. Akinyele, on Thursday, sought the leave of court to file additional evidence in the matter.
When the case was called before the Chief Judge of Oyo State, Justice Muktar Abimbola, Akinyele had informed the court that while going through the file handed over to him by the Ministry of Justice, he discovered that some documents were missing from the proof of evidence and he could not commence trial until the error was rectified.
“My lord, while studying the case file handed over to me, I discovered that two documents were not added to the proof of evidence. They are the report of the medical practitioner and the statement of Mr Onipede Olubunmi, the co-tenant of the defendant.
“I have filed a Motion on Notice dated June 2, 2016 to ask that the said documents be included in the proof of evidence and I seek the leave of the court and my learned friend to move the motion,” Akinyele said.
The lead defence counsel, Abioye Asanike, however objected to his moving the application on the grounds that he just got a copy before sitting on Tuesday morning and would have to study it to know if he would be objecting the motion.
Justice Abimbola had pointed out that he was willing to grant a stand down in the matter for the defence to study the said document and prepare to argue it, but Asanike had objected.
“My lord, this is a capital offence and it cannot be rushed. I will still like to go and study the document and prepare before the prosecution will move the motion,” he said.
Justice Abimbola then asked the prosecutor what he thought and Akinyele stated that in his opinion, the motion was not something that needed to be dragged, but added that he would not want the defence to start raising unnecessary issues.
“My lord, it is my belief that my learned friend can easily follow this motion without stress but if he is insisting on an adjournment to study it, I will not object. The ball is in his court. The world is watching us and I don’t want them to say they are stampeded into taking the motion.
“I am calling the doctor as my first witness and I can’t do that until his report is in the proof of evidence. Let him go and study it and we will come back to move our motion,” Akinyele told the court.
Justice Abimbola adjourned the matter till June 27, 2016 for hearing of the motion.