Witness’ absence stalls Daniel’s trial

[MrVan]

By DAUD OLATUNJI

ABEOKUTA—The trial of erstwhile  governor of Ogun State, Otunba Gbenga Daniel,  was stalled, yesterday, following the absence of  a prosecution witness, Mr. Babatunde Adeluola, on grounds of illness and alleged threat to life.

Lead counsel to Economic and Financial Crimes Commission, EFCC, Mr. Rotimi Jacobs,  had tendered a medical report from a medical centre in Idi-Aba, Abeokuta, explaining that Adeluola was indisposed.

Meantime, lawyers to former governor have accused EFCC of threatening its own witnesses.

Mr. Tayo Oyetibo, SAN,  one of the lead counsel to the former governor, made the allegation at the resumed hearing of the case preferred against Daniel by EFCC at an Abeokuta High Court.

Judge overrules EFCC

Oyetibo was reacting to allegation by Jacob, leading EFCC prosecution team, to the effect that its prosecution witness, who was to continue with the evidence, had stayed away due to threat to his life after the last hearing.

Jacob made the allegation after Justice Olanrewaju Mabekoje had thrown out his objection to the tendering of a bank statement from Skye Bank.

The judge, in the ruling, said EFCC's  objection lacked merit. It was after the ruling when he was called upon to continue with the case that Jacob alleged that Adeluola, an official of Skye Bank, had refused all entreaties by the prosecution to bring him to court to continue with his testimony.

However, Jacob produced a medical report brought to court by  Adeluola's counsel that he was unfit to come to court.

Oyetibo pointed out the contradictions in Jacob's position and alleged that the prosecution wanted to dispense with the witness because the team was uncomfortable with the testimony he had given so far.

"In the same breathe, the prosecution said there was a threat to kill the witness, the witness sent in medical report claiming he was unfit to attend the court, the witness was telephoned yesterday  by the prosecution and he assured them that he would be in court.

"What are we to believe? The contradictions in the position of EFCC are self- evident. In any case, we are ready to proceed since we don't even have more questions for the witness."

Daniel's counsel tasks court

He said if there was any threat it was from the prosecution which did not want Adeluola to come to court any more as it was unsatisfied with his testimony.

He said the information they got was that EFCC was pressurising the witness not to come to court.

Oyetibo, however, urged the court not to treat the allegation with levity, saying the Investigating Police Officer, who told the prosecution about the alleged threat should be invited.

However, a twist was added to the drama when counsel to Adeluola confirmed that he got the medical report from the management of Skye Bank contrary to the position of the prosecution that the bank did not know anything about the action of Adeluola.

Jacob, however, sought an adjournment, saying he still had to re-examine the witness.

The case was adjourned for June 29, July 9 and 12 for further hearing.

On the non appearance of the prosecution witness Justice Mabekoje said that based on the medical report submitted on behalf of the witness, the only reason why he was not in court was because he was medically unfit to do so. He said no other action would be taken on the allegations until the witness is allowed to state is own side of the story.

Earlier Justice Mabekoje ruling on substantive issue before the court  on whether nor not a statement of account of the Blue Chapel tendered by the defense team be admitted ruled against the submission of the EFCC which had asked the court not to admit the statement.

The Judge said since the statement was part of the proof of evidence submitted by the prosecution and has therefore become part of the record of the court; he had no doubt that the statement of account could be admitted in court. "The objection of the prosecution is lacking in merit and is hereby dismissed," The Judge ruled.

Vanguard Nigeria