The judge took the decision when prosecution counsel complained that the continued absence of the defence counsel is stalling the trial
By Kehinde Okeowo
Justice Sherifat Sonaike of the Lagos State High Court on Thursday, May 9 granted the request of prosecuting counsel to provide legal aid for Nice Omininikoron, the suspected killer of a 22-year-old fashion designer, Oluwabamise Ayanwola due to the continued absence of his lawyer, Isaac Ezeawem.
The judge after considering the prayer of the prosecution asked the Office of the Public Defender and the Legal Aid Council to standby in readiness to defend the suspect if his lawyer fails to show up at the next sitting.
The trial of Omininikoron, a BRT driver, who is facing four counts of conspiracy, rape, and murder of Ayanwole, offences punishable under sections 411, 223, 260, and 165 of the Criminal Law of Lagos State, 2015 has continued to stall due to the absence of his lawyer.
Ezeawem at the sitting on June 7 informed the prosecution team and court of his unavoidable absence due to ill health and the judge adjourned the trial till June 9.
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However, at the resumed trial on Thursday, May 9, the prosecution lawyer, Moyosore Onigbanjo, SAN, told the judge that the defence counsel was once again absent and he didn’t notify his team this time around.
Onigbanjo, who is the Attorney-General of Lagos state also told the court that the continued absence of the defence counsel is frustrating the course of justice.
He urged the court to provide another counsel for the accused so that the trial could continue without Ezeawem, who had not shown interest in the case.
Onigbanjo said, “The Legal Aid Council and the Office of the Public Defender should be on standby in case the defendant cannot find counsel to defend him. This is in the interest of justice.”
Reacting to his prayer, Justice Sherifat Sonaike frowned at the defence counsel’s decision not to notify the court of his absence and concluded it was premeditated and aimed at slowing the court down.
She berated Ezeawem but gave him the benefit of a doubt and advised him to make himself available at the next trial date, she, however, directed the Office of the Public Defender and Legal Aid to be on standby if he fails to turn up again
She said, “I want to believe that today’s absence is a premeditated one, thereby wasting precious judicial time without any excuse.
“This is a very busy court and because of the interest this case has generated, this court has decided to lighten the number of cases. Unfortunately, the learned defence counsel is frustrating or has frustrated the court process. I find it unbecoming that the counsel who knows beforehand that he may not be in court in a criminal case, failed to attend the court and equally failed to notify the court of the reason for his absence either by mail, letter, or sending a junior as a sign of respect.
“In the interest of justice, the court will overlook today’s absence and direct the counsel to be in court on the next adjournment date. The Office of the Public Defender and Legal Aid will be contacted to be on standby in the event that the defence counsel cannot defend the defendant.”
The trial was subsequently adjourned till June 30.
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