OFFA ROBBERY : COURT REFUSES POST-MORTEM OF DEAD SUSPECT
khaleb
Mar 26, 2019
Kwara State High Court, Ilorin, yesterday refused the exhumation of the body of the principal suspect in the April 5, 2018 Offa robbery, Michael Adikwu, for post-mortem.
READ ALSO: W0W! Oyo-Ita's trial stopped over EFCC misconduct | READ DETAILS
But the court granted the prayer of the defence asking for an independent examination of the alleged gunshot injuries sustained by the first, second and third accused.
The accused, Ayoade Akinnibosun (first accused person), Ibikunle Ogunleye (second accused person), Adeola Abraham (third accused person), Salaudeen Azeez (fourth accused person) and Niyi Ogundiran (fifth accused person) were in court.
READ ALSO: EFCC: 'Yahoo Boy' Who Poses As American Prostitute Jailed In Abuja
Ogundiran had told the court how the police extracted his confessional statement from him under duress.
READ ALSO: Boko Haram: Army Release Names Of Officers Who Runaway for War Front | SEE FULL LIST
The first, second and third accused persons had at the last adjourned date accused the police of shooting them in the legs to instil fear in them before extracting statement from them.
They alleged that the police shot dead Adikwu while in their custody, contrary to the police's claim that he died of an ailment in hospital.
READ ALSO: Sowore's Miscalculation and the Need to beat a Wise Retreat
As a result, defence counsel Mathias Emeribe said: "In view of the fact that the four accused persons have given their evidence, I hereby apply for an independent medical examination of the legs of the first, second and third accused persons to determine whether the wounds on their legs are caused by gunshots.
READ ALSO: Wizkid, Others Win At 2022 Headies Award -Check Full List
"I also ask for an order to carry out autopsy on the death of Michael Adikwu, the principal suspect, to find corroboration to evidence of especially the fifth accused person as well as the other three persons.
READ ALSO: Is Justice For Sale That PDP Is Shopping To Buy? - Abia LP Chairman, Ceekay Igara Writes Chief Judge
"The essence of this is not unconnected with the fact that Adikwu was initially one of the accused persons charged with others and it is important that one of their own was allegedly killed before them.
READ ALSO: Why El-Rufai Was Returned To ICPC Custody?
The fact of the cause of the death must be determined in order to find out the truth as to how the confessional statements were obtained.
READ ALSO: I Will Not Allow Criminality As President, Peter Obi Declares
"The name Michael Adikwu was repeated consistently by the four accused persons in this trial within trial and I think it will be in the interest of justice for the accused persons to put in a proper defence to get the result of that medical examination.ÔÇØ
But prosecution counsel Prof Wahab Egbewole (SAN) opposed the application, describing it as strange.
READ ALSO: DISASTER LOOMS: Hon. Lucky Johnson Raises Alarm Over Fallen High Tension Poles in Isuikwuato
Said he: "I urge the court to refuse this strange application.
READ ALSO: W0W! Oyo-Ita's trial stopped over EFCC misconduct | READ DETAILS
Justice is not one-way traffic. It is available to all the parties and not only for the accused.
"For the record, this is a trial within trial specifically to determine the voluntariness of the statements of the accused persons.
READ ALSO: EFCC: 'Yahoo Boy' Who Poses As American Prostitute Jailed In Abuja
"It is not for the court to look for evidence to corroborate his allegation. It is for him to do that.
READ ALSO: Boko Haram: Army Release Names Of Officers Who Runaway for War Front | SEE FULL LIST
"This application is tantamount to inviting your lordship to come to the arena. The application is clearly shopping for evidence. The shooting of Adikwu has no relevance to the issue of a trial within trial.ÔÇØ
Having listened to both parties, Justice Halima Salman took a shot break before delivering her ruling.
READ ALSO: Sowore's Miscalculation and the Need to beat a Wise Retreat
In her ruling, Justice Salman said: "The court will avail the parties the facilities available in this case. It is, therefore, in the interest of justice and fair hearing to allow for a medical examination to know whether the healed wounds on the three suspects' legs emanated from gunshots. I, therefore, grant the first prayer.
READ ALSO: Wizkid, Others Win At 2022 Headies Award -Check Full List
"On the post-mortem examination of the body, there is nothing the autopsy will add to this case. It is baseless and pointless to grant the second prayer.ÔÇØ
READ ALSO: Is Justice For Sale That PDP Is Shopping To Buy? - Abia LP Chairman, Ceekay Igara Writes Chief Judge
She ordered the registrar to prepare the "enrol order today to be served on the defence and prosecution.ÔÇØ
READ ALSO: Why El-Rufai Was Returned To ICPC Custody?
Justice Salman adjourned the case till April 8 for continuation of defence in trial within trial.
READ ALSO: I Will Not Allow Criminality As President, Peter Obi Declares
The Nation
Related Stories
REVEALED: How All Progressives Congress (APC) Played Into The Opposition Hands Ahead Of 2027 - Sumner Sambo Warns
I Will Not Allow Criminality As President, Peter Obi Declares
Why El-Rufai Was Returned To ICPC Custody?
Sowore's Miscalculation and the Need to beat a Wise Retreat
Tinubu Breaks Silence on Hardship, Inflation, Power Crisis - Vows Nigeria Will Overcome Economic Storm
"Terrorists Have Outgunned Our TroopsÔÇØ - Ndume Raises Alarm Over Boko Haram War, Sends Urgent Message To Tinubu
""
— khaleb