Crime

By Adenitan Akinola

Justice Oyebola Ojo of an Osun state high court, Osogbo, has adjourned the judgment in the case of alleged murder of a Master student of Obafemi Awolowo University (OAU) Ile-Ife, Timothy Adegoke, to 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, Magdalene Chiefuna (24), Adeniyi Aderogba (37), Oluwale Lawrence (37), Oyetunde Kazeem (38), Adebayo Kunle (35) and Adedeji Adesola (23), were arraigned in March 2022 on 11 count charges bothering on conspiracy, unlawful killing, attempt to commit felony to wit killing, dumping of remains of Adegoke inside bush, improper and indecent interference with the body of the deceased.

When the case came up Thursday, counsel to the defendants, Mallam 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 7th defendant, challenged the authority of Mr Femi Falana SAN to prosecute the matter, saying he was not given fiat by the Attorney General as demanded by law.

According to the counsels, a private lawyer can not prosecute a case on behalf of the state government without getting the fiat from the Attorney General, urging the court to dismiss all the proceedings conducted by Falana for lack of locus standi to prosecute the case.

Responding, Falana SAN posited that he had the power to prosecute the case adding that the defendants lacked the right to challenge his locus standi.

He submitted that if the court considered the prayers of the defendants’ counsels, it implies that the case should start afresh or the AG should engage 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 offense Adedoyin committed was that he was the owner of the hotel, saying mere ownership of property is not a crime anywhere in the world.

Other counsels also argued that the prosecution had not proved any case against the defendants saying, “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 leveled 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.”

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.

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Crime

Human rights lawyer, Mr Femi Falana, SAN, and the government of Osun state have taken over the prosecution of a murder case involving the owner of Hilton hotel and resort, Ile-Ife, Dr. Rahmon Adedoyin and six staff of the hotel.

The case had been adjourned to Monday, April 25 to enable the defendants open their defense.

At the resume hearing in Osogbo, Mr Femi Falana announced appearance and told the court that he had secured the permission of the Attorney General of the state to take over the prosecution from the police.

But, counsel to the 2nd, 4th and 5th defendants, Abdur-Rasheed Muritala SAN, insisted that Attorney General must take over the matter from the police who were prosecuting the matter from inception before he could transfer the matter to any other person.

The counsel also said the Administrator-General and Public Trustee in the state Ministry of Justice, Mr Abiodun Badiora, could not take over the matter.

After some argument, Mr Falana re-announced his appearance with Mr Badiora and a Chief State Counsel, Mr Moses Faremi as prosecutor for the case.

Counsel to the first defendant, Adedoyin, Mr Kunle Eleja SAN, told the court that his client had no witness to call in his defence, since he had made a no case Submission.

But, Muritala SAN said he could not prepare his witness because one of his clients slumped in court and would need to take care of her health.

The counsel who also stood for Rowland Otaru SAN to represent the 3rd and 5th defendants urged the court to adjourn the matter.

The presiding judge, Justice Oyebola Adepele Ojo, thereby adjourned the case to May 25 for further hearing.

Earlier, there was confusion during the sitting in as the second defendant slumped moments after she was called into the dock.

It took the intervention of the court clerk, warders and some observers in the court to recuscitate her and averted what seemed like an unfolding tragedy.

Chief Rahaman Adedoyin, Magdalene Chiefuna (24), Adeniyi Aderogba (37), Oluwale Lawrence (37), Oyetunde Kazeem (38), Adebayo Kunle (35) and Adedeji Adesola (23), were arraigned on March 3 on 11 count charges bothering on conspiracy to commit murder, unlawful killing of Timothy Adegoke, conspiracy to commit a felony, dumping of the body of Adegoke, conspiracy to improperly and indecently interfere with the body of Adegoke, conspiracy to alter receipt, altering and cancelling of receipt and administering of extra-judicial oath in connection with the killings.

Adenitan Akinola

Crime

Pathologists invited to conduct an autopsy on the remains of Timothy Adegoke, a Master’s student of the Obafemi Awolowo University, OAU, Ile-Ife, whose dead body was exhumed some days after he was declared missing, arrived at Osun State University Teaching Hospital UNIOSUNTH, Osogbo around 2 pm, on Monday.

Family members of the deceased, counsels and journalists had arrived at the hospital by 11 am when the autopsy was slated, to monitor the event.

The corpse was taken out of the hospital’s mortuary department for X-ray and later returned for other examinations.

Lead counsel to the family of late Timothy Adegoke, Mr. Naheem Adekilekun, said the pathologist of the family of the deceased was there to represent them.

The Investigative Police Officer, IPO, and other pertinent parties were allowed into the mortuary while journalists and other members stood outside.

Meanwhile, speaking with newsmen on behalf of the family, Mr. Adekilekun challenged the police over the alleged audio of one of the suspects and the owner of Hilton Hotel and Resorts, Dr. Rahmon Adedoyin.

He expressed concern over the audio of the suspect who was said to be in police detention, pleading his innocence in the audio.

The counsel who said the action of Osun Police command’s spokesperson, Yemisi Opalola, who told members of the public that there was nothing to show any form of mutilation on the body of the deceased when it was exhumed from the shallow grave, was contrary to what witnesses who were at the site of the exhumation had to say.

He called on the police to give an explanation on the reported “preferential and VIP treatment” being accorded the owner of the hotel who they claimed to be in their detention.

As of the time of filing this report, the outcome of the autopsy is yet to be out.

Adenitan Akinola