Timothy Adegoke’s murder: Trial stalled as Adedoyin fails to produce witness

Following the failure of the owner of Hilton Honors Hotel, Ile-Ife, Osun State, Rahmon Adedoyin to produce his witness in court and the absence of Femi Falana (SAN), the murder case of Timothy Adegoke, a postgraduate student of the Obafemi Awolowo University, Ile-Ife could not progress on Thursday.

Adedoyin, alongside six of his hotel workers including Magdalene Chiefuna, Adeniyi Aderogba, Oluwole Lawrence, Oyetunde Kazeem, Adebayo Kunle and Adedeji Adesola, had been standing trial over the death of late Adegoke.

When the matter was mentioned for continuation of hearing on Thursday, all the defendants were present in court.

The presiding judge, Chief Judge of Osun, Justice Adepele Ojo, had asked counsel to the first defendant (Adedoyin), K. Eleja, SAN, to call his witness but Eleja informed the court that the witness that was to testify was not in court because of his posting.

According to him, the witness is a police officer and his posting did not allow him to be present in court.

“All efforts of the bailiff of this court to serve the summons issued on 28th November, 2022 to the witness were unsuccessful. In the circumstance, it will be impracticable for the first defendant to call his witness today (Thursday). The said witness is a police officer and we were told that by his beat, he will not be available this week,” Eleja informed the court.

Meanwhile, counsel to the second, fourth and fifth defendants, Muritala Abdulrosheed, SAN, said he was ready to call a witness for the fourth defendant.

He, however, drew attention of the court to the fact that the prosecutor, Mr. Femi Falana (SAN) was not present and asked the court if Fatima Adesina, who held the brief for Falana, could stand him for the main prosecutor in the substantive trial.

Abdulrosheed said, “My Lord, I don’t think that Fatimah who didn’t have a fiat of the government to stand in for Falana in this substantive trial. I am just trying to think aloud on what will be the effect on the proceedings when she doesn’t have the fiat of the Federal Government.”

But, Adesina insisted that the fiat given to Falana to prosecute the matter was for Femi Falana’s Chamber, thus any one sent from the chamber could take up the matter on his behalf.

Reacting, the Osun Chief Judge, Justice Ojo, said beside the fiat matter that was contentious, since first defence witness was not available in court, it would be improper to proceed with the matter.

Ojo lamented the delay in the trial and warned parties to sit up and get the matter done with before next year.

She then adjourned the matter till December 15 for definite hearing while asking the prosecutor to be available on the next adjourned date or furnish the court with a written address on the issue of the fiat.