Ruling in Al-Mustapha’s "no case submission" suit fixed for July 14.
A Lagos High Court on Thursday fixed July 14 for ruling on the no case submission filed by Major Hamza Al-Mustapha’s counsel, Olalekan Ojo.
Al-Mustapha, Rabo Lawal and Lateef Shofolahan are facing criminal trial over their alleged involvement in the murder of Alhaja Kudirat Abiola.
Justice Mojisola Dada had on May 31 dismissed an application filed by the Lagos State Government to reopen its case against the defendants.
At the resumed hearing of the case on Thursday, Ojo argued his written address on a no-case submission in favour of the defendant.
According to him, the prosecution lacked the requisite evidence to support their case and the court is under no obligation to help them establish one.
He argued that the confessional statement by the prosecution witnesses, Sgt Rogers and Abdul Mohammed, could not be used in determining if the defendants have a case to answer.
He said the task of the court had been made easy since the prosecution conceded that the evidence given during examination by PW1 and PW3 were retracted.
He, therefore, urged the court to grant the application.
Opposing the application, the Solicitor General of Lagos State, Lawal Pedro (SAN), argued that a prima facie case had been made against the defendants.
Pedro argued that the witnesses retracted their statement because of the failure of the Federal Government Witness Programme.
Pedro told the court not to concern itself with the credibility or otherwise of the evidence given by the witnesses.
He urged the court to decline on commenting on issues raised in relation to credibility of witnesses.
In his reply on point of law, Ojo said evidence given during cross examination forms part of the total evidence before the court.
A Lagos High Court on Thursday fixed July 14 for ruling on the no case submission filed by Major Hamza Al-Mustapha’s counsel, Olalekan Ojo.
Al-Mustapha, Rabo Lawal and Lateef Shofolahan are facing criminal trial over their alleged involvement in the murder of Alhaja Kudirat Abiola.
Justice Mojisola Dada had on May 31 dismissed an application filed by the Lagos State Government to reopen its case against the defendants.
At the resumed hearing of the case on Thursday, Ojo argued his written address on a no-case submission in favour of the defendant.
According to him, the prosecution lacked the requisite evidence to support their case and the court is under no obligation to help them establish one.
He argued that the confessional statement by the prosecution witnesses, Sgt Rogers and Abdul Mohammed, could not be used in determining if the defendants have a case to answer.
He said the task of the court had been made easy since the prosecution conceded that the evidence given during examination by PW1 and PW3 were retracted.
He, therefore, urged the court to grant the application.
Opposing the application, the Solicitor General of Lagos State, Lawal Pedro (SAN), argued that a prima facie case had been made against the defendants.
Pedro argued that the witnesses retracted their statement because of the failure of the Federal Government Witness Programme.
Pedro told the court not to concern itself with the credibility or otherwise of the evidence given by the witnesses.
He urged the court to decline on commenting on issues raised in relation to credibility of witnesses.
In his reply on point of law, Ojo said evidence given during cross examination forms part of the total evidence before the court.
No comments:
Post a Comment