Aderiye murder: Court threatens to close prosecution’s case over delay

An Ekiti State High Court hearing the case of murder of former
National Union of Road Transport Workers (NURTW) Chairman Chief
Omolafe Aderiye has given prosecution till July 7 to bring the
remaining four witnesses to give evidence or have its case
closed.

Justice Adekanye Ogunmoye in a ruling at the resumed hearing of
the case on Wednesday ordered that the remaining four witnesses
lined up to testify must appear as that would be the last
adjournment for the prosecution to close its case.

Eight persons standing trial over alleged complicity in the
murder are Adebayo Aderiye, Adeniyi Adedipe, Sola Durodola, Ajayi
Kayode, Oso Farotimi, Sola Adenijo and Rotimi Olanbiwonnu who have
been incarcerated in Ado-Ekiti prisons for the past three
years.

The former NURTW boss was murdered on September 25, 2014 at his
private motor park located in Ijigbo area of Ado-Ekiti.

Prosecution counsel Mr. Ahmed Tafa had claimed that one of the
witnesses was attacked by unknown persons hence his inability to
appear in court to testify. Tafa, however, did not disclose the
identity of the witness allegedly attacked.

Tafa argued that the court can grant an adjournment when there
is a good reason for a witness not to appear most especially when
some witness’ life is under threat.

Defence counsel Chief Anthony Adeniyi opposed Tafa’s request for
adjournment maintaining that the prosecution must disclose the
identity of the witness allegedly attacked and also substantiate
the claim with police report, medical report and other proofs.

Buttressing his argument with the provision of Section 251 of
Ekiti State Administration Criminal Justice Law 2014, Adeniyi said
the defence must have the foreknowledge of witnesses coming to give
evidence adding that his clients have been in custody for three
years and the court has the power to close the case of the
prosecution if it is not ready to go ahead with the matter.

Adeniyi added: “The court in the alternative can grant the
accused persons bail; we have been to the Court of Appeal which
ruled in their favour. In fact, they have shown lackadaisical
tardiness in respect of this case.

Justice Ogunmoye in the ruling stressed that the prosecution
counsel had not done enough to ensure that the case went ahead by
bringing his witnesses saying “if he (Tafa) had done the needful,
the matter would have proceed.”

The judge said: “I will grant the prosecution one more
adjournment; however, if the witnesses are not available at the
next adjourned date, he (Tafa) might be forced to close his
case.”

An Ekiti State High Court hearing the case of murder of former
National Union of Road Transport Workers (NURTW) Chairman Chief
Omolafe Aderiye has given prosecution till July 7 to bring the
remaining four witnesses to give evidence or have its case
closed.

Justice Adekanye Ogunmoye in a ruling at the resumed hearing of
the case on Wednesday ordered that the remaining four witnesses
lined up to testify must appear as that would be the last
adjournment for the prosecution to close its case.

Eight persons standing trial over alleged complicity in the
murder are Adebayo Aderiye, Adeniyi Adedipe, Sola Durodola, Ajayi
Kayode, Oso Farotimi, Sola Adenijo and Rotimi Olanbiwonnu who have
been incarcerated in Ado-Ekiti prisons for the past three
years.

The former NURTW boss was murdered on September 25, 2014 at his
private motor park located in Ijigbo area of Ado-Ekiti.

Prosecution counsel Mr. Ahmed Tafa had claimed that one of the
witnesses was attacked by unknown persons hence his inability to
appear in court to testify. Tafa, however, did not disclose the
identity of the witness allegedly attacked.

Tafa argued that the court can grant an adjournment when there
is a good reason for a witness not to appear most especially when
some witness’ life is under threat.

Defence counsel Chief Anthony Adeniyi opposed Tafa’s request for
adjournment maintaining that the prosecution must disclose the
identity of the witness allegedly attacked and also substantiate
the claim with police report, medical report and other proofs.

Buttressing his argument with the provision of Section 251 of
Ekiti State Administration Criminal Justice Law 2014, Adeniyi said
the defence must have the foreknowledge of witnesses coming to give
evidence adding that his clients have been in custody for three
years and the court has the power to close the case of the
prosecution if it is not ready to go ahead with the matter.

Adeniyi added: “The court in the alternative can grant the
accused persons bail; we have been to the Court of Appeal which
ruled in their favour. In fact, they have shown lackadaisical
tardiness in respect of this case.

Justice Ogunmoye in the ruling stressed that the prosecution
counsel had not done enough to ensure that the case went ahead by
bringing his witnesses saying “if he (Tafa) had done the needful,
the matter would have proceed.”

The judge said: “I will grant the prosecution one more
adjournment; however, if the witnesses are not available at the
next adjourned date, he (Tafa) might be forced to close his
case.”