Lagos court frees robbery suspects

THE GUARDIAN MARCH 26 2009

CITING the inability of the state counsel, Mrs. A.A Olorunfemi, to produce the prosecution witness (PW1), Judge Benedicta Shitta-Bey of Lagos High Court yesterday set free two armed robbery suspects standing trial before her.

The suspects, who were on bail, have been standing trial at the court in the past six years.

At yesterday's hearing, Olorunfemi told the court that the witness spoke to her a day earlier, saying that he would not be in court because of some official engagements outside the state.
The prosecution counsel then requested an adjournment to enable her produce the witness or other witnesses for the start of the defence.
But defence counsel, Adesina Ogunlana, opposed the prosecutor's application on grounds that it has taken the state more than three years to produce its witness.

He also argued that in the interest of justice and record purposes, PW1 should be excused from the trial while Olorunfemi should call other witnesses to move the case forward.

Ogunlana told the court that the suspects have been attending its proceedings from Badagry for six years, draining their resources.
He also argued that if it would take three years for Olorunfemi to produce a witness who had earlier testified in court, it might then take nine years to produce three other witnesses.

But Olorunfemi, in her objection, told the court that she could not compel the witness on national duty outside the state to come to court.
Citing the gravity of the charges, she also prayed the court to grant her another adjournment to get the second witness since PW1 was not immediately available. In her ruling, Judge Shitta-Bey closed PW1's testimony and upon close examinations of the number of adjournments taken on the case, cautioned the accused to steer clear of the circumstances that brought them before her and struck out the case.