Wale Igbintade
A Lagos High Court Judge, Justice Yetunde Adesanya, yesterday rejected a demand by Miss Chidinma Ojukwu’s Counsel, Mr. Onwuka Egwu, seeking to cross- examine a staff of Access Bank who tendered the bank statements and account number of late Usifo Ataga, before the court.
Justice Adesanya, in a short ruling, held that Sections 218 and 219 of the Evidence Act 2011 (“the Evidence Act”) provided that “a person, whether a party or not in a cause, may be summoned to produce a document without being summoned to give evidence, and if he causes such document to be produced in court the court may dispense with his personal attendance.”
The court rejected the application during the ongoing trial of an Undergraduate of the University of Lagos, (UNILAG), Miss Chidinma Ojukwu, over the alleged murder of the Chief Executive Officer of Super TV, Mr. Micheal Usifo Ataga.
The judge added that “Section 219 of the Evidence Act also states that a person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross-examined unless and until he is called a witness.
“This officer of Access Bank having not been sworn on oath cannot be cross-examined.”
Ojukwu is standing trial bordering on murder, stealing and forgery alongside her sister, Ms. Chioma Egbuchu, and one Adedapo Quadri.
At the resumed hearing of the matter yesterday, the Prosecution Counsel, Mrs. A. O. Oluwafemi, informed the court that there was a representative from Access Bank in court on the basis of subpoena to tender the account document of the deceased, Micheal Ataga.
Oluwafemi, thereafter, called a representative of Access Bank, Mr. Toafeek Lawal, to the witness box to tender the statement and certificate of identification.
But after tendering the statement, Egwu, who is the counsel to the first defendant, raised an objection and sought leave of court to cross-examine the bank staff on the document he tendered before the court.
According to him, Lawal was the account officer of the deceased and in a position to give evidence in respect of that account.
However, the Second Defendant’s Counsel, Mr. Babatunde Busari, and the Third Defendant’s Counsel, Mr. A. O. Ogunsanya, did not object to the tendering of the account statements.
Also, a GT Bank Official, Mr. Ademola Ayodeji, also tendered the bank statements of late Micheal Usifo Ataga before the court.
Consequently, Justice Adesanya, admitted all the documents in court as exhibits.
The three defendants were arraigned on October 12, 2021, on a nine-count charge preferred against them by Lagos State Government.
Ojukwu and Quadri are facing the first to eight counts bordering on conspiracy, murder, stabbing, forgery, making of bank statements and stealing.
The third defendant, Egbuchu, is facing the ninth count – stealing of iPhone 7 belonging to the late Ataga.
Ojukwu and Quadri were alleged to have conspired and murdered Ataga on June 15, 2021, by stabbing him several times with a knife on the neck and chest.
The alleged murder took place at 19, Adewale Oshin Street, Lekki Phase 1, Lagos.
They were also accused of committing forgery by procuring and making bank account statements purported to have been made by the deceased.
The case has been adjourned till April 28, for continuation of trial.
