26/05/2016

Husband Killer Case: DPP Withdraws from Case



Yewande
The Oyo State Director of Public Prosecutions (DPP) Mr Tajudeen Abdulganiyu yesterday bowed to public pressure in the case of Yewande Oyediran, a lawyer in the office of the Attorney General of the State who is standing trial for the murder of her husband, Lowo Oyediran whom she stabbed to death in their Ibadan home on February 2, 2016. The DPP today announced his withdrawal from the case and appointed a private prosecutor.
As lawyers were throwing legal tangles inside the court, there was a protest outside by a womens group, Women Arise led by Dr Joey Okei-Odumakin, calling for justice for the deceased husband. The caused some tension within the court premises.The  members drawn from the Oyo state chapter of the group,  carried various suggestive placards, with  branded vests, with’’Justice for Lowo’’, inscribed on them.
At the start of the proceedings, the Director of  Public  Prosecution, Tajudeen  Abdilganiyu, announced his withdrawal from the case, and told the court that his place will   be taken  over  by a state-appointed Public Prosecutor, Sanyaolu  Akinyele, who immediately took over  the prosecution of the case.
While the  Oyediran family’s counsel, Yomi Aliu, who led 5 others lawyers to the court did not object to this move, the lead  Defense lawyer, Prince  Bioye Ashanike, deferred to  a junior counsel in his team  Bayo Adegbite, immediately objected to the appointment of a private prosecutor by the DPP.
According to Adegbite, the DPP is just a title and that only the state Attorney General has the legal backing to do so. The prosecutor at this juncture told the court that Adegbite’s objection was baseless, as he knows about three specific cases in which the defense counsel, Adegbite, as a state counsel,has argued in favour of such exercise in the past.
Yewande Oyediran
The Presiding Judge, who is also Oyo State Chief Judge, Justice Abimbola Mukhtar also said he was familiar with certain cases in which he (Adegbite) had been in favour of such exercise, when he was in the employ of the state. However, Prince Ashanike cautioned the Prosecuting Counsel against attacking his colleague personally, but to instead address the merit of the case at hand.
Adegbite, thereafter told  the court that his objection was  that the initiation of the charges did  not follow  due process. The prosecutor, in his submission cited two cases involving The Senate President, Olusola  Saraki, in his case against  the CCT and that of  General  Sambo Dsauki (rtd) in his case against the Federal Government,  that buttressed his argument that there cannot be a vacuum in the absence of Attorney General.
The defense lawyer argued that in the absence of a Attorney General  in Oyo  State, the DPP cannot appoint a prosecutor. However, the sitting Judge, Justice Muktar Abimbola, who frowned at an
attempt by the defense team, to try to bring unnecessary controversy and delay into the case, cited the necessary legal authorities, especially that of the late former Governor of Bayelsa State, DSP
Alamieseigha, to arrive at his decision to overrule the objection of the defense.
The Prince Ashanike further objected to the appearance of Mr. Bola Alabi, the lawyer that represented   Women Arise. He argued that the organization’s interest is curious, as its rights has not in anyway been infringed on by any of the actors in the case and that the Judge is bending over backwards to accommodate them.
Justice Abimbola, however overruled his objection, explaining that the organization just like in some cases involving some human rights organizations, has the right to represented.  “The principle  of application is that anybody who  believes that their rights is being breached can appear. The principles have many dimensions to them. So, I am not bending over backwards to accommodate them’’.
He warned both parties that he would not tolerate any attempt to delay the case and that he would like to wrap up the hearing of the case before July.  “I won’t entertain any delay  tactics any longer and if the prosecution is ready I will like  to proceed now’’. The prosecutor, who had earlier earned the praise of Justice Abimbola for being known for not delaying cases, proceeded to continue the case.
The  accused, Yewande pleaded not guilty  to the charge  of murder read to her and  told  the court  that she understood, the charges being read  to  her. The Prosecutor, later told  the court that he would call eight witnesses in the case and pleaded with the court to grant him some time assemble his witnesses and apprise  himself with more details about the case, as he was only told of his appointment yesterday
morning. In the absence of no objection from the counsels to the defense, deceased’s family and the  Women Arise group, the presiding Judge adjourned the case till June 23 and 27, 2016 for trial.
Dr  Okei-Odumakin addressing the press said “Injustice to one is injustice to  all. It is important to stress that justice has no gender, just as the crime committed had no gender.  Hence, to achieve lasting peace and ensure trust in our judicial system, justice must not only be done, but must also be seen to have been done’’.

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