The trial of four suspects in the kidnap of the traditional ruler of Iba Town, Oba Goriola Oseni, failed to commence Friday following a disagreement between two counsel over which of them would represent fourth defendant, Yerin Fresh.
Fresh was arraigned on October 24, before Justice Oluwatoyin Taiwo of the Lagos State High Court, Igbosere, alongside first defendant Duba Furejo, second defendant Ododowo Isaiah and third defendant Reuben Anthony.
They are standing trial on an eight-count charge bordering on conspiracy, murder, attempted murder, robbery, armed robbery, felony and kidnapping preferred against them by the Lagos State Government.
On October 24, Fresh was represented by Chief Selowei Baidi, who is also the counsel to the first and second defendants, while Mr J. O Egwuaroje was the third defendant’s counsel.
The defendants were remanded in Ikoyi Prison, Lagos following their plea of not guilty.
At the commencement of proceedings yesterday, Mrs E. I. Alakija, the Lagos State Director of Public Prosecution (DDP), announced her appearance for the state, while Baidi and Egwuaroje maintained appearances for the same defendants.
But mild drama began when another lawyer, Mr Anthony Onwueze, also announced appearance for the fourth defendant, Fresh.
Responding to a query from Justice Taiwo, Onwueze explained that he had been commissioned to represent the fourth defendant.
“Prior to the court sitting, we approached Mr Baidi that we have a specific instruction from the fourth defendant to represent him in this matter. But Mr Baidi said his brief has not been perfected. We have a letter from the defendant authorising us to represent him,” Onwueze said.
But Baidi confronted Onwueze with the Rules of Professional Ethics of the profession and insisted that Onwueze had not fulfilled the conditions precedent for over a brief from another lawyer.
Baidi said: “I maintain my stand as the defence counsel for the fourth defendant. I am opposed to him taking over as counsel without compliance with Rule 29 of the Rules of Professional Ethics.”
Following back and fourth arguments prosecution counsel Mrs Alakija observed that a dispute over proper representation in the case could be resolved in accordance with Section 234 of the Administration of Criminal Justice Law (ACJL), 2011, which provides for change of counsel.
She offered that the prosecution was willing to give counsel time to settle the matter.
“We can give counsel time to sort out the issue of representation before the next adjournment. We still have November 11 and 14 dates for trial,” Alakija said.
Third defendant counsel, Egwuaroje also observed that the prosecution witnesses appeared to be absent.
In a bench ruling, Justice Taiwo said: “Both counsel are hereby advised to abide by the professional rules. Mr Onwueze should assist Chief Baidi to recover whatever fees are due to him from the fourth defendant.
“In view of the circumstances, I would suggest that we commence trial on October 11, by which time counsel would have put their house in order. This case is hereby adjourned till November 11. Witnesses must be in court. Counsel must have resolved the issue. No bickering gentlemen.”
The defendants were arraigned on eight count charge bordering on conspiracy, murder, attempted murder, robbery, armed robbery , felony and kidnapping preferred against them by the Lagos State Government.
They and others at large were accused of conspiring to commit the alleged offences on July 16, at the traditional ruler’s palace in Iba.
Apart from the kidnap of Oba Yishau Goriola Oseni, they allegedly murdered a security guard, Sunday Eniola Okanlawon and a commercial motorcyclist, Joseph Okeke and also attempted to murder the monarch’s wife, Olori Abosede Oseni.
According to the charge, they also robbed Abosede of her mobile phone while armed with guns.
The state said the offences contravened Sections 233, 230, 299, 297 (2) (b) and 411 of the Criminal Law of Lagos State C17, Vol 3 Laws of Lagos State, 2015.
