Chidinma, a 300-level Mass Communication pupil of the School of Lagos, is standing trial alongside one Adedapo Quadri on the Lagos Extreme Courtroom docket, Tafawa Balewa Sq. for the alleged murder.

The officers numbering about eight, in an unusual methodology common a hoop throughout the defendant in an effort to defend her from public glare, whereas she was being led away from the court docket docket after the proceedings.

It was learnt that 4 totally different completely armed officers, in a dangerous methodology, pushed and harassed journalists, and coated their digital digicam lenses, all in a bid to forestall them from filming and recording.

The incident led to a shouting match between the officers, journalists, some attorneys and totally different litigants present nevertheless the correctional officers ignored all people as they swiftly led the defendants away to their prepared car, Channels TV tales.

The Lagos State Deputy Director of Public Prosecution, Adenike Oluwafemi, all through proceedings, known as the marketing consultant of Entry Monetary establishment to the witness area to tender the assertion of accounts of the late Usifo Ataga.

The witness, Taofeek Lawal, an account officer instructed Justice Yetunde Adesanya that the monetary establishment acquired a subpoena from the court docket docket requesting it to present the assertion of account along with a certificates of identification of the deceased.

The prosecution then sought to tender the paperwork provided by the witness. With no objections from the defence workers, the court docket docket admitted the paperwork in proof.

Chidinma’s counsel, Onwuka Egwu then sought to cross-examine the witness. This switch was resisted by the prosecutor who argued that the witness was in court docket docket primarily based totally on a “subpoena duces tecum” and could not be cross-examined.
“The monetary establishment official is in court docket docket to offer the assertion of account of the deceased in court docket docket.
“There was a necessity to try this because of the investigating regulation enforcement officers as part of their investigations had come all through the deceased’s assertion of account and being a computer-generated doc, there was a necessity for it to be provided by the monetary establishment on whose system it was generated from.
“That’s the precept motive why the monetary establishment wanted to ship a marketing consultant to present the doc in open court docket docket primarily based totally on subpoena duces tecum.
“A subpoena duces tecum is a court docket docket summons which requires the witness to offer a doc in court docket docket.
“It is trite that the subpoena is only for the witness to present the doc in court docket docket for it to be admitted as proof for the purpose of the trial. Such a person needs not talk to the doc. He is not positioned on oath and there’s no examination in chief and attributable to this truth cross-examination might be baseless and by no means have any foundation,” talked about Mrs Oluwafemi
The defence counsel however countered by arguing that the witness as a result of the account officer of the monetary establishment was capable of current proof in relation to the account.
He talked about, “It is trite that every legal guidelines is subordinate to the construction and certainly one of many cardinal guidelines is truthful listening to as provided for Beneath Half 36 of the construction. The place the defendant raises the problem of truthful listening to, he is entitled to be heard”.
In her ruling, Justice Adesanya held that “by the combined learning of Half 218 and 219 of the Proof Act, a person summoned to offer a doc would not transform a witness just because he is summoned to offer related.
“A subpoena duces tecum issued to ship a doc can be carried out each specifically individual or by a marketing consultant who’s discharged afterwards.
“The officer of Entry monetary establishment is accomplished on the extent the doc was produced in court docket docket. Adhering to the provisions of the Proof Act will not breach the provisions of an excellent listening to.
“If the defence counsel needs to cross-examine the witness, he can convey him once more to court docket docket by serving him a subpoena advert testificandum which allows him to current oral testimony. Throughout the absence of that, the witness cannot be cross-examined,” the select dominated.
The court docket docket moreover admitted one different computer-generated assertion of account of the late Usifo Ataga from a marketing consultant of GT Monetary establishment.
Extra proceedings inside the matter have been then adjourned to April 28 for the continuation of the trial.