An Ikeja High Court, Lagos, on Tuesday warned the
defence team in the trial of 31-year-old Akolade Arowolo who allegedly killed
his banker wife, Titilayo, not to delay the prosecution of the case.
Akolade was arraigned before Justice Lateefa
Okunnu on December 21, 2011, for one-count of murder.
The prosecution had closed its arguments with 16
witnesses on November 19, paving the way for the defence to open its case on
November 29 with the testimony of Akolade’s father, Mudashiru.
However, the case was stalled on Tuesday as the
second defence witness was not available in court.
Akolade’s lawyer, Olanrewaju Ajanaku, told the
court that the witness was indisposed and could not make it to the court.
Ajanaku said, “My lord the second defence witness
who happens to be a lady is not in court. As at yesterday (Monday) when I met
with her, she was down with malaria fever and can’t stand the rigours of coming
to court.
“She was within the court premises during the
last sitting. I was even in a dilemma on bringing other witnesses to court but
the problem was that I didn’t prepare them for today. With this situation, I
humbly apply for an adjournment.”
Principal State Counsel, M.M. Balogun, who
appeared alongside Y.A. Adekoya, for prosecution did not oppose the Ajanaku’s
prayer for adjournment.
However, Balogun told the court that “we will be
asking for a cost” because the adjournment was brought at the instance of the
defence.
Okunnu expressed concern on the absence of the
witness and queried Ajanaku on why he failed to ensure the attendance of the
other three witnesses whom he had planned to produce in court to give
testimony.
Okunnu said, “Don’t delay this trial; when one
witness is not available, then the other ones should be present in court. What
if you are supposed to close your defence today?”
In reply to Balogun, Okunnu said, “As regards
cost, who will the defence pay the cost to? Does that happen in criminal
matters?”
She subsequently adjourned till January 22, 2013,
for continuation of defence.
Punch
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