AN Ikeja High Court on Friday told a mechanic, Taiwo Adeyemi, accused of killing a colleague during a physical scuffle, that he had to defend the manslaughter charge filed against him by the Lagos State Government.
Justice Hakeem Oshodi, delivering a ruling on a no-case submission filed by defence counsel, Mr Adetokunbo Agoro, said the prosecution for the state had presented sufficient evidence before the court to warrant Adeyemi putting up a defence.
The News Agency of Nigeria (NAN) reports that the ruling on the no-case submission was originally slated to have been delivered on May 4, but was delayed due to the COVID-19 pandemic.
Delivering the ruling online, Justice Oshodi said: “From the evidence laid before the court by the prosecution, there has been no evidence that has been discredited by the defence.
“There is, however, ample evidence on the face of the court’s record which is legally admissible, that links the defendant to the deceased.
“There cannot be any dispute that a death occurred after a fight. The defendant is said to be the other party of the fight.
“From the written submission of the defence counsel, he believes that there is no documentary and prima facie case laid out by the prosecution, and that the evidence of the first and second prosecution witnesses are hearsay.
“To the court, the prosecution has made out a prima facie case for the defendant to face. Accordingly, the defendant is now called upon to open his defence.”
Following the ruling, the judge adjourned the case until July 27 for defence.
NAN reports that Adeyemi is charged with manslaughter contrary to Section 227 of the Criminal Law of Lagos 2011.
He was arraigned at the High Court on June 5, 2017.
According to the prosecution led by Mr M.T. Adewoye, the defendant committed the offence at 1.00 p.m. on April 4, 2014 at a mechanic’s shed, located at Ashade Market, Mangoro, Agege, Lagos.
“The defendant had an argument with the deceased, Sikiru Oladeinde; during the scuffle, he hit the deceased with a plank that had nails attached to it.
“Oladeinde sustained some injuries and passed away some days later in hospital,” the prosecutor said.
During the trial, three witnesses testified on behalf of the prosecution — a welder and co-worker of the deceased, Mr Olujimi Ogunleye; the brother of the deceased, Mr Kehinde Oladeinde; and the Investigating Police Officer (IPO), Sgt. Felix Osunbu. (NAN)
– May 29, 2020 @ 14:45 GMT |