By Adeyinka Adeniran
Justice O. A. Adetujoye of Fiat Court 5, Oyo State High Court, Ring Road, Ibadan has granted the application for adjournment by the Oyo State government to December 16th, 2024 in a case involving a former Chairman of the proscribed National Union of Road Transport Workers (NURTW), in the state, Alhaji Mukaila Lamidi, also known as Auxiliary.
The granting was in response to an application by the Prosecutor (Director of Public Prosecution), Mr. S. O. Adeoye for a maximum of two weeks to gather and present all witnesses in court.
Auxiliary, a former Chairman, Disciplinary Committe of the Park Management System (PMS), is facing trial in a case with suit number HER/1C/2024 on offences allegedly committed on January 31st, 2023 at Isale-Oja via Igangan, in the Ayete Magisterial District.
The matter, which is: the State Versus Mukaila Lamidi (Auxiliary) bothers on a five count charge of conspiracy, murder and attempted murder.
The matter was slated for hearing on Thursday.
The case is the second matter involving Auxiliary (Defendant) before the same court in the last four days.
The State prosecution team is lead by the Director of Public Prosecution (DPP), Mr. S. O. Adeoye and supported by G.A Ramoni (Senior State Counsel) and O. A. Shobande (State Counsel).
The Defendant was brought to court amidst tight security. The case however could not proceed due to the inability of the prosecutor to present witnesses in court.
During proceedings on Thursday, Defence Counsel, Mr Olalekan Ojo, Senior Advocate of Nigeria, who was accompanied by Mrs E. O. Mbam reminded the Court that the case had been slated for hearing since three weeks ago and that any prosecution who is active would have done much better than what they claimed to have done.
He said he is not pleased because it is presumed that the accused person (Auxiliary) is innocent.
Unfortunately, according to him, the accused has been languishing in prison custody.
Ojo urged the court to be minded to indulge the Prosecutor with the application, being the first adjournment so requested.
The Senior Advocate however appealed to the court to give expeditious hearing to the case.
Responding, the State Prosecutor who doubles as the DPP, Mr Adeoye argued that it would be out of place to say that the State is not diligent in the prosecution of the case, adding that it would be the first time that the state will be asking for an adjournment since the beginning of the case.
He told the court the efforts he made by writing and following up with the Police to bring the witnesses, adding that even the Executive Assistant to Governor Seyi Makinde on Security, CP Sunday Odukoya (rtd) did so much in writing the police and relevant authorities to ensure the witnesses were in court.
Corenews reports that CP Sunday Odukoya (rtd) was also in court to witness the proceeding.
Before ruling, the Court asked the Prosecution how soon they will be able to gather witnesses to which he (Adeoye) responded that it won’t take more than two weeks.
Ruling, the court granting the application as adjourns the case for definite hearing and hearing of the pending application for bail.
Speaking, shortly after the proceeding, the Defendant’s Counsel, Ojo said “the matter could not proceed because the state fails to assemble their witnesses in court.
“The court had fixed the case for hearing since October 14th, 2024. We opposed the application for adjournment on the ground that prosecution had not demonstrated any diligence in the conduct of the case because they should have assembled their witness.
“The accused has been in custody since May 2024. But since this is the first time Prosecution will be applying for an adjournment, the Court granted it but advised the state to exhibit due diligence in the prosecution of the case.”
