Offa Banks Robbery: Court Admits Medical Examination Report On Wounds On Suspects Legs

An Ilorin High Court trying the suspects in May 5, 2018 armed
robbery attacks on commercial banks in Offa,Kwara state yesterday
admitted in evidence the medical examination report on the wounds
allegedly inflicted on the suspects during the course of their
interrogation by the police.

The medical examination was conducted by Dr Obiora
Adunichukwu.

The suspects are Ayoade Akinnibosun, Ibikunle Ogunleye, Adeola
Abraham, Salahudeen Azeez and Niyi Ogundiran.

At the resumed hearing of trial- within trial on Monday, Olaleye
Paul Olasunkanmi, a medical doctor presented the medical
examination report before the court.

Olasunkanmi who was in charge of medical welfare of inmates at
Kwara state prisons command said that the instrument used in the
hospital cannot tell the date that the injuries occurred during the
cross examination..

He said the fracture seen on the X- ray film showed that the
fracture was there in the past and was caused by metallic
object.

” I am satisfied with the medical examination present to court
despite not being the author. The author followed due process which
has provided answer to the needs of the court .

” I have informed the court that the date cannot be told by by
our instrument and the injuries are caused by trauma.

Led in evidence by the prosecutor, Barr. Yusuf Beki, Olasunkanmi
told the court that the report doesn’t show that the wounds on the
legs of the suspects were as a result of gunshots.

He testified that there is no place where gunshot was mentioned
in the report.

In his response, the defence counsel, Barr. Mathias Emeribe,
prayed the court to allow further examination of the cause of the
wounds on the legs of the suspects by a ballistician .

He said since the court is after dispensing justice on the
matter the assistance of the ballistician in the matter was
necessary.

Responding,the prosecutor, Barr. Yusuf Beki said the submission
of the defence counsel is not valid in the case and urged the court
to discountenance it.

He said a ballistician cannot determine the cause of wounds,
saying ballisticians don’t work in the hospital.

He added that ballistician only determine the various forms of
guns.

The trial judge, Justice Haleeman Salman, in his short ruling
dismissed the submission of the defence counsel, saying that the
Chief Medical Director of the University of Ilorin Teaching
Hospital (UITH) has no authority to order a ballistic examination
of the wounds on the suspects legs.

“This is outside the power of the CMD of UITH and I agree with
this. This application is tantamount to attempts to delay the
dispensation of this case. The application is hereby dismissed,”
the Judge ruled.

During the continuation of proper hearing of the case after a
short adjournment, the defence counsel further submitted that the
combined effects of the prolong detention of the accused spanning
six months without arraignment “as facts can show is enough torture
itself which goes against constitutional provisions.

” The implications of this weakens the accused emotionally; the
prosecution cannot precisely tell when the accused were arrested or
taken to Abuja. This leaves us with no option than to conclude that
the prosecution was lying.

” There is no medical report to show that Michael Adikwu died of
natural causes. This shows that the prosecution is lying. There is
a consistent story line by the 1st, 2nd, 3rd and fifth accused that
from the day of their arrest they have been under torture.

” In the light of all this fact, is it difficult to conclude
that whatever statement wherever it was obtained provided it
occurred during the currency under the custody of the police was
never voluntary. It was a statement that was given to stay
alive.”

The defence counsel further argued that the contents of the
medical report earlier tendered and admitted in evidence by the
court ” gives credence to the story line that their (accused
persons) confessional statement was obtained under duress and that
y crux of the matter that make the admissibility of the
confessional statements impossible. ”

Responding, the prosecutor, Barr. Beki said that the medical
examination report showed that “the evidence of the prosecution
witness in the trial- within- trial is credible, having not been
discredited in any way. I urge the court to admit the evidence of
prosecution witness.

” Metallic is not same as bullet pellet. The Doctor said that if
it were to be gunshot despite being healed, it would have shown. We
urge Your Lordship to admit these statements. ”

Justice Saleeman, however, adjourned ruling on the admissibility
of the accused confessional statement to a later date. He also
adjourned continuation of hearing to May 2, 2019.