Court after listening to both parties directed the prosecution to file his written address and serve the defendant’s lawyer
By Jude-Ken Ojinnaka
Justice Abdulazeez Anka of a Federal High Court sitting in Lagos has directed the prosecution to file his written address in the criminal trial of Epe High Chief, Olajide Ikuforiji.
Justice Anka adjourned till November 14, 2022, for the adoption of the final written address in the criminal trial.
Olajide Ikuforiji is being prosecuted by Barrister Chukwu Agwu of the Police Special Fraud Unit, Milverton Road, Ikoyi, Lagos in charge number FHC/ L/ 323c /2016 on a two-count charge bothering on forgery and uttering of forged documents.
Specifically, the defendant was charged by the Police Special Fraud Unit (PSFU) under Section 2(c)of the Miscellaneous Offences Act 2004, Law of the Federation of Nigeria.
According to the charge, Ikuforiji was alleged to have forged the minutes of the emergency meeting of Eko Epe Forum held at the residence of Otun Mogaji Ngeri.
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The trial of the defendant commenced before Justice Anka and after calling four witnesses and tendering several exhibits, the prosecution closed its case. The judge adjourned the matter for the defense to open its case.
However, rather than open his defense, Ikuforiji filed and argued a no-case submission which was later dismissed.
Not satisfied with the ruling of the court in his no-case submission, Oljide Ikuforiji appealed the ruling at the Lagos division of Court of Appeal, but the appellate court while delivering ruling on the defendant’s appeal on July 23, 2020, in suit number CA/L/1447c/ 2018 upheld the decision of the trial court and ordered the defendant to return to the lower court and open his defense.
Surprisingly, instead of the defendant to obey the decision of the appellate court which directed him to return to the lower court for his trial, he was said to have jumped bail and absconded since September 2020 despite service of hearing notice dated 22nd of December, 2020 directing him to appear in court on the 20th of January 2021. Meanwhile, all efforts at tracking him had not been successful since then.
Following his continued absence in court, the prosecutor sought for bench warrant for his arrest which was granted by the court, but they were unable to apprehend him.
Consequently, on June 13, 2022, the prosecution applied to the court that the defendant be tried in abstention in line with Section 352 ( sub 4) of the Administration of Criminal Justice Act, (ACJA), 2015 and the trial court granted the application
At the resumed trial of the case on Tuesday, Ikuforiji was equally absent in court, but his counsel, Mr K. S. Lawal was present and announced his appearance.
While giving reason for the absence of the defendant, Lawal tendered a hand written medical report from one M. H. A Clinic, Lagos, but Barrister Chukwu Agwu countered saying the report is suspect.
Agwu further told Justice Anka that it has been the modus operandi of the defendant to further delay and probably defeat the cause of justice.
After listening to both parties, the trial judge directed the prosecution to file his written address and serve the defendant’s lawyer. The judge then adjourned the matter till November 14, 2022, for adoption of final written addresses.