A Lagos High Court sitting at Ikeja has adjourned the trial of ten men accused of sodomy and assault of two women and a minor at the Oba Morufu International Market, Ejigbo till July 27 and 28 to continue the cross examination of the last prosecution witness, Mrs. Olusola Jimoh.
At resumed hearing, the prosecution led by Mrs Idowu Alakija, the Director of Public Prosecution (DPP) tendered a bundle of photographs as exhibits. But the defense counsel objected to the admissibility of the photographs.
He cited sections 56, 87, 89, 90 and 90 of the Evidence Act; stating that it would amount to ambush because the defense was not given adequate notice to prepare properly for such evidence.
The defense also argued that the no certification followed the photographs to make them admissible; stressing that the memory card and the film used in producing the photographs were the original documents and would have been tendered with the photographs.
However, Alakija explained that the sections quoted above refer to secondary evidence and therefore irrelevant in this case since the photographs were tendered as primary and final evidence as required by section 86 (4) of the Evidence Act.
In her ruling, Justice Kudirat Ipaye quoted a Supreme Court judgment that supports the tendering of photographs as evidence. Therefore, the photographs were admitted as exhibits.
Cross examination of the prosecution witness, Mrs. Olusola Jimoh will continue on July 27 and 28, 2016.
Meanwhile, at prior proceedings, ASP Olabisi Adejumo, a policewoman attached to the Federal Special Anti-Robbery Squad (FSARS) in her testimony narrated to the court how investigations into the role played by the market leader, Isiaka Waidi, was carried out.
"As a member of the investigating team, I acted as an interpreter when getting the statement of the first defendant (Waidi).
"I visited his house with members of my team while executing the search warrant and also recorded his statement.
"The defendant claimed that he was only at the crime scene at the beginning of the assault on the victims and that he left to go for a meeting at Alausa.
"Our investigations revealed that his claims were not true, he was also in custody six months during the investigation." Adejumo revealed to the court.
Those standing trial for the alleged torture and sodomy are the market leader, Isiaka Waidi (61), Buhari Yusuf (22), Abdullahi Haruna (20) and Saheed Adisa (29).
Others are Lateef Tijani (37), Ahmed Adisa (65),Azeez Akinosun (36), Jimoh Busari (50), Adekunle Adenuga (38) and Oloruntoyin Dauda (46), the woman leader of the market.
They face a 19-count charge bordering on conspiracy, attempted murder, sexual assault, maliciously administering poison, obtaining money by false pretences and deprivation of liberty.
The defendants, who are alleged by the prosecution to be members of the Oodua Peoples Congress (OPC), had allegedly tortured with pepper and sodomized Mrs Ajoke Agomo, her daughter, Nike Salami and her step daughter, Juliana Agomo over allegations of pepper theft.
At resumed hearing, the prosecution led by Mrs Idowu Alakija, the Director of Public Prosecution (DPP) tendered a bundle of photographs as exhibits. But the defense counsel objected to the admissibility of the photographs.
He cited sections 56, 87, 89, 90 and 90 of the Evidence Act; stating that it would amount to ambush because the defense was not given adequate notice to prepare properly for such evidence.
The defense also argued that the no certification followed the photographs to make them admissible; stressing that the memory card and the film used in producing the photographs were the original documents and would have been tendered with the photographs.
However, Alakija explained that the sections quoted above refer to secondary evidence and therefore irrelevant in this case since the photographs were tendered as primary and final evidence as required by section 86 (4) of the Evidence Act.
In her ruling, Justice Kudirat Ipaye quoted a Supreme Court judgment that supports the tendering of photographs as evidence. Therefore, the photographs were admitted as exhibits.
Cross examination of the prosecution witness, Mrs. Olusola Jimoh will continue on July 27 and 28, 2016.
Meanwhile, at prior proceedings, ASP Olabisi Adejumo, a policewoman attached to the Federal Special Anti-Robbery Squad (FSARS) in her testimony narrated to the court how investigations into the role played by the market leader, Isiaka Waidi, was carried out.
"As a member of the investigating team, I acted as an interpreter when getting the statement of the first defendant (Waidi).
"I visited his house with members of my team while executing the search warrant and also recorded his statement.
"The defendant claimed that he was only at the crime scene at the beginning of the assault on the victims and that he left to go for a meeting at Alausa.
"Our investigations revealed that his claims were not true, he was also in custody six months during the investigation." Adejumo revealed to the court.
Those standing trial for the alleged torture and sodomy are the market leader, Isiaka Waidi (61), Buhari Yusuf (22), Abdullahi Haruna (20) and Saheed Adisa (29).
Others are Lateef Tijani (37), Ahmed Adisa (65),Azeez Akinosun (36), Jimoh Busari (50), Adekunle Adenuga (38) and Oloruntoyin Dauda (46), the woman leader of the market.
They face a 19-count charge bordering on conspiracy, attempted murder, sexual assault, maliciously administering poison, obtaining money by false pretences and deprivation of liberty.
The defendants, who are alleged by the prosecution to be members of the Oodua Peoples Congress (OPC), had allegedly tortured with pepper and sodomized Mrs Ajoke Agomo, her daughter, Nike Salami and her step daughter, Juliana Agomo over allegations of pepper theft.
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