From Lateef Dada, Osogbo
Justice Oyebola Ojo, the Chief Judge of Osun State handling the alleged murder of a Masters student of Obafemi Awolowo University (OAU) Ile-Ife, Timothy Adegoke, has reserved her judgment.
After listening to the motions and addresses of the parties, Justice Ojo promised that the date of judgment would be communicated to the parties within one month.
The owner of the hotel where the late Adegoke lodged on November 7, 2021, before he was declared missing and later found dead, Dr. Rahmon Adedoyin, 23-year-old Adedeji Adesola; Magdalene Chiefuna (24), Adeniyi Aderogba (37), Oluwale Lawrence (37), Oyetunde Kazeem (38), and Adebayo Kunle (35) have been standing trial in connection with the alleged murder and dumping of the deceased.
The parties had argued the issue of locus standi where counsels to the defendants, Yusuf Alli SAN and K. K. Eleja SAN (1st defendant), Muritala AbduRosheed SAN (2nd, 4th, 5th), Dr. Rowland Otaru SAN (3rd, 6th) and Okon Ita, for the seventh defendant, challenged the authority of Femi Falana (SAN) to prosecute the matter.
They argued that the position of the law is that a private lawyer prosecuting a case on behalf of the state government must get the authority of the Attorney General, urging the court to dismiss all the proceedings conducted by Falana for failure to produce fiat and, thereby, lack the locus standi to prosecute the case.
Responding, Falana SAN posited that he had the power to prosecute the case while counsels the defendants lacked the right to challenge his locus standi. He submitted that if the court considered the prayers of the defendants’ counsels, it implied that the case would have started afresh or the AG would have engaged the service of another lawyer.
“In the interest of the defendants, who have been languishing in prison, the court should dismiss the locus application,” Falana prayed.
Adopting their final addresses after the motions, Alli (SAN) submitted that from all the evidence, the only offence Adedoyin committed was being the owner of the hotel, adding that mere ownership of property was not a crime anywhere in the world.
Other counsels also argued that the prosecution had not proved any case against the defendants. The said: “There is no confessional statement. The prosecution relied on circumstantial evidence. The entirety of the prosecution is based on suspicion.”
They all urged the court to discharge the defendants and acquit them on all the counts levelled against them.
Falana SAN said: “We have established the link between the charge and the defendants. If the court finds that the defendants have no case, we are not persecuting, but where evidence has been established, the law should take its course.”