Justice Gabriel Kolawole of
the Federal High Court in Abuja on Wednesday threatened to close the
prosecution case in the trial of Senator Ali Mohammed Ndume in view of the
state’s reluctance to proceed with the case.
The judge, in a ruling on
the prosecution’s application for adjournment, frowned at the conduct of the
state’s Mrs. G. N. Okafor for not exhibiting sufficient diligence in the
handling of the case.
The court had on April 29
adjourned till Wednesday for the prosecution to call its expert witness, who
was expected to give evidence on call data and other information regarding
telephone conversation.
When the case was called,
Mrs. Okafor told the court that her witness was absent on health ground.
She failed to provide
medical report in support of her claim, a development the defence lawyer,
Rickey Tarfa (SAN), frowned at.
Tarfa said it was unfair of
the prosecution lawyer not to have informed him before the court’s sitting that
her witness was absent and that she will not be able proceed with the case.
Tarfa said he would
ordinarily have asked the court to close the prosecution’s case, but will leave
the issue at the court’s discretion.
Ruling, Justice Kolawole
said: “The opportunity for today’s proceedings was dashed because the
prosecution suddenly took ill and is unable to come to court.
“Because there is no medical
report produced to support the claim, I found the excuse of ill-health almost
improbable. But I have already indicated that I will oblige the prosecution the
adjournment sought.”
Justice Kolawole said he
will further tolerate the prosecution because the witness is its last in the
case. He warned that should the prosecution make similar application for
adjournment on the next adjourned date, it should be prepared to persuade the
court to grant such request its favour.
Nation
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