Ayoade V. State (2020)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Appellant, as second Defendant, and two other Defendants were arraigned before the Lagos State High Court on a two-Count Charge of conspiracy to commit robbery and robbery. They were alleged to have used a toy gun to attack and rob a motorcycle rider and his passenger, and dispossessed them of the sum of N500 and N1,500 respectively.

At the trial, the Prosecution called a sole Witness, Friday Ojiemen, a Policeman attached to the Special Anti-Robbery Squad (SARS), lkeja, and he tendered the Statement made by the Appellant to the Police. However, Defence Counsel objected to the admissibility of the said Statement in evidence because “the Defendant denied writing the Statement, the Defendant alleged duress in obtaining the Statement.”

In the circumstances, the trial Court conducted a trial-within-trial, and after its Ruling of 20/4/2012 wherein the Appellant’s confessional Statement was admitted in evidence as Exhibit P2, it adjourned the matter to ”6th, 12th and 13th of June 2012″, for continuation of the trial.

​The trial could not proceed on 6/6/2012 because the Officer that the Prosecution intended to call was away “on a special assignment”, and 12/6/2012 was a public holiday. On 13/6/2012, Friday Ojiemen, who was to continue his evidence in chief as PW1, was “not available”, and the case was adjourned to “03/07/2012 for continuation of trial”.

On the next date on Record, 2/10/2012, Prosecution Counsel asked for another adjournment and the Defence Counsel opposed same. But in acceding to Prosecution Counsel’s plea for one more adjournment, the learned trial Judge, I. O. Kasali, J., stated as follows at page 156 –

I am reluctantly adjourning the 2007 matter at the instance of the Prosecution for the last time. I am, however, putting it on record that the Prosecution on the next adjourned must close its case by assembling all Witnesses – – to testify on the next adjourn (sic) date failing which the Court will close the Prosecution case and call on the Defendant to open their defence. Case adjourned to 31/10/2012 for continuation of trial.

On 31/10/2012 PW1 was in Court, but the Defence Counsel said he was not ready to proceed with the trial as he had “a medical problem” .

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In objecting to his application, the Prosecution Counsel stated that –

We have difficulty in getting our witnesses. PW1 is a busy Officer, any attempt to adjourn will not be in the interest of justice.

PW1 continued with his evidence. A toy gun was admitted in evidence through him as Exhibit P3, and the case was “adjourned to 6/12/2012 for cross-examination of CW1 (PW1) and open the Defendant case.”

On 30/1/2013, when the case came up again, PW1 was in Court, but Defence Counsel was absent. This time, the trial Court noted that:

It is very unfortunate that the Defendant Counsel is not taking this 2007 matter serious. On 31/10/2012, when he was to cross-examine CW1 he did not and he applied for a date to cross examine CW1. The matter was adjourn (sic) to 6/12/2012. On 6/12/2012, the Defendants were present, none of the Counsel were in Court, the Court did not sit as the Court was bereaved and this matter was adjourned to 10/1/2013. On 10/1/2013, the Defendants were also present, the Prosecutor Counsel was in Court, but the Defendant Counsel was absent, the Court did not sit, it was on the day Hon. Justice Ayo was buried and this matter was adjourn (sic) till today. Today, when the matter was called, the State was represented, the Defendants are present but the Defendant Counsel is equally absent. The business of the Court for today is for cross-examination of CW1 and for the Defendant to open their defence. CW1 is present. I am, however, putting it on Record that if by the next adjourn date, the Defendant Counsel is not ready to cross-examine CW1, CW1 will be discharged and the Court will call on the State to file written address. Case adjourned to 06/03/2013 for continuation of trial. CW1 to be cross-examined by Defendant Counsel, the Defendants to open their defence.