Activist lawyer Femi Falana (SAN) may testify in the trial of kidnap suspect Chukwudumeme Onwuamadike aka Evans if a Lagos High Court grants an application to that effect.
The Lagos State Government brought the application seeking to present Falana as witness in the case.
Prosecuting Counsel Y. G. Oshoala told Justice Adedayo Akintoye that Evans made a claim concerning Falana while testifying in a trial-within-trial which required the lawyer’s clarification.
A trial -within-trial is conducted to find out, among others, whether a defendant made his confessional statement voluntarily or not.
Oshoala said during the trial-within-trial on January 16, Evans claimed that after his arrest in 2017, the police obtained his confessional statement under duress.
He said Evans alleged that Falana visited the police station where he was being tortured, but a Chief Superintendent of Police (CSP) hid him in a toilet until the lawyer left.
The prosecutor said he needed to call the SAN as a witness “in the interest of justice.”
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But Evans’ counsel R. B. Ekeh said he had yet to respond to the application, adding that other defendants’ counsel said they were not served with the application.
Evans, Joseph Emeka, Linus Okpara and Victor Aduba are facing trial.
Oshoala explained that “the issue came up during trial-within-trial of the first defendant (Evans), it therefore does not concern the other defendants”.
Justice Akintoye upheld Ekeh’s argument and ordered that all the defendants be served and “those concerned will reply”.
Opara’s counsel, Mr S. E. Okeke, holding the brief of Mr J. Jiakponna, said he had a bail application.
Okeke said he had served the Medical Director of Kirikiri Maximum Security Prison, an order requiring the director to issue a medical report on Opara.
Justice Akintoye made the order made on May 23 after Opara claimed that he had a failed operation in prison which might require treatment outside the prison.
The prisons “have not reacted to it (the order). We will move our bail application after the prisons have reacted to the court’s order,” Okeke said.
Justice Akintoye adjourned further proceedings till September 18.
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