Eberechi Obinagwam
Presiding judge, Lagos High court, Justice Seyi Solebo has declined the argument of lawyer representing Okon Etim, the man accused of raping eight year old Akuvin Bummi Idowu, and nine year old Obama Agama, that the case be thrown out due to the failure of the prosecutor to present witnesses against him.
The alleged child rapist was first arraigned in May this year, but four years down the line, the prosecutor was yet to produce the witnesses it listed.
The prosecutor said one of the witnesses that would have appeared before the court was on bed rest.
But the defence lawyer said since the case was opened in May, not one witness was presented by the prosecutor even though they have more than one witnesses.
The defence lawyer reminded the court that in the last sitting of the court on June 27, 2018, the prosecutor told the court that the victim’s father was on his way to the court, only to later say that he was not given permit to leave his office.
“Now he is not here in court and the other woman is still on bed rest while they have more than two witnesses. Are they trying to play the court? He queried.
He asked the court to strike out the case since the defence counsel could not produce any witness.
But the judge objected to it, saying that she cannot strike out the case because it has been opened.
“This is a High Court and not a Magistrate court. There are procedures guiding this court,” the judge said.
The case was adjourned to October 22 for continuation of the trial.