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Tag: Titilayo Shitta-Bey

  • Updated: Lagos brings fresh DNA evidence against Danish murder suspect

    A Lagos High Court in Igbosere on Wednesday adjourned till May 10 to allow a Danish murder suspect, Peter Nielsen, time to examine new DNA evidence brought against him by the Lagos State Government.

    Justice Mobolanle Okikiolu-Ighile fixed the date following an application by Nielsen’s counsel, Olasupo Shasore SAN.

    Shasore, a former Lagos Attorney-General and Commissioner for Justice, accused the state of swamping the defence with “a bundle of papers” and a flash drive containing “almost 100 pages of scientific analysis” only a day before today’s court date.

    Nielsen, 54, is standing trial for the last April 5 death of his Nigerian singer wife, Zainab and their three-and-a-half-year-old daughter, Petra.

    The government accused the Dane of smothering Zainab and Petra to death at about 3:45am at No. 4, Flat 17, Bella Vista Tower, Banana Island Ikoyi.

    Five people were said to be in the apartment on the night of the incident: Nielsen, Zainab, Petra, Gift and Favour Madaki, both of whom are Zainab’s step-sisters.

    Nielsen was arraigned last June 13, on two counts of murder contrary to Section 223 of the Criminal Law of Lagos State, 2015.

    He denied the charge.

    At the last hearing on March 25, the state obtained an adjournment to enable it secure its final witness, a forensic expert, and serve other “information that is very essential” to the defence.

    But at the resumption of proceedings on Wednesday, Shasore informed the court that the state had not kept its word about the date it promised to serve the new information.

    Shashore said: “We were served, contrary to the undertaking, on Friday, 25th of March, at 3:35pm, with a bundle of papers containing two new documents, and, crucially, my lord, a brand new DNA report. A new report containing DNA analysis.

    Read Also: Murder trial of Danish: Defence counsel seeks thorough investigation

    “The report is styled ‘Forensic DNA superceeding report’. It concerns matters that occurred almost a year ago. The defendant was arraigned in this court in June 2018, a period of almost nine months.

    “The state has prepared two DNA forensic reports, from which we prepared our defence. My lord, we are greatly prejudiced, that on the eve of the testimony of a forensic expert, the state will introduce new evidence without availing us of the opportunity to consider expert advice on this. A report that seeks to discountence all we’ve done for the last nine months.

    “We are disappointed at the conduct of the state, for putting us in this state. We are hereby applying for an adjournment, based on these, and we are at great pains to do so.

    “To compound this, the state served us yesterday (Tuesday), a flash drive containing detailed DNA analysis, almost 100 pages of scientific analysis.

    “We are at great pains to seek this adjournment because we are anxious that the

  • Twin murder: Danish citizen is Police’s prime suspect, says witness

    A prosecution witness, Babashola Afolayan, on Monday told a Lagos High Court in Igbosere, its prime suspect in the murder of Nigerian singer Zainab Nielsen and her three-and-a-half-year-old daughter, Petra, is Peter Schau Nielsen, her Danish husband.

    Afolayan, a Police Inspector, testified before Justice Mobolanle Okikiolu-Ighile in Nielsen’s trial following Zainab and Petra’s death on April 5 at the couple’s Banana Island, Lagos home.

    Nielsen, 53, was charged with the killings last June 13 on two counts of murder contrary to Section 223 of the Criminal Law of Lagos State, 2015.

    Five people were said to be in the apartment on the night of the incident: Nielsen, Zainab, Petra, Gift and Favour Madaki, both of whom are Zainab’s step-sisters.

    Lagos Attorney-General (A-G) and Commissioner for Justice, Kazeem Adeniji SAN told Justice Mobolanle Okikiolu-Ighile that Nielsen beat and smothered both Zainab and Petra to death at about 3:45am at No. 4, Flat 17, Bella Vista Tower, Banana Island Ikoyi.

    Nielsen denied the charge.

    Following the continuation of trial yesterday, Lagos State Director of Public Prosecution (DPP) Titilayo Shitta-Bey re-introduced Afolayan as the state’s seventh witness.

    Shitta-Bey, on January 16, concluded her examination of Afolayan, following which the court adjourned toll yesterday for the witness to be cross examined by the defence.

    During cross examination by defence counsel Mr. Olasupo Shasore SAN, the witness said he was at the crime scene between 9am and 5:09pm, on April 5, 2018.

    He testified the police identified Nielsen as its principal suspect following investigation of the scene of the crime, among other factors.

    When Shashore, a former Lagos State Attorney-General, asked the policeman whether he questioned the couple’s neighbours, investigated the Closed Circuit Television (CCTV) on the premises, or checked the telephones and checked for fingerprints, the witness said he did not see any other suspect as the defendant was the only suspect.

    Afolayan told the court the defendant was the only suspect because, among others, his wife had earlier made allegations of battery against him.

    He said at about 2am on July 18, 2017, Zainab came to the Ikoyi Police Station to file an assault complaint against Nielsen.

    The witness said: “On July 18, 2017, the defendant’s wife came around 2am, and complained about the defendant that at about 1am, he pushed her to the bed and pressed her neck and beat her up. It was a case of assault and occasioning harm against the defendant. She further reported that that day’s incident was the third time.

    “She also added that she suspects that he is a drug addict, because whenever he took drugs, he beat her up. All of these made him to be the principal suspect.”

    Following the conclusion of cross examination, Justice Okikiolu-Ighile adjourned further hearing till February 20.

     

  • Evans: Lagos court to hear application to quash charge Feb. 28

    Evans: Lagos court to hear application to quash charge Feb. 28

    The late arrival of the defence counsel on Monday again stalled the arraignment of suspected kidnap kingpin, Chukwudumeme Onwuamadike a.k.a Evans, on fresh charges at an Igbosere High Court in Lagos.

    The Lagos State Government had brought a fresh five-count charge bordering on conspiracy to kidnap, kidnapping and attempted murder against Evans and three others.

    The three accused standing trial along with Evans are Emeka Joseph, Linus Okpara and Victor Aduba.

    The arraignment was first stalled on Nov. 13, because Evans’s counsel was not served with the fresh information.

    Also, one of the three persons charged along with Evans had no legal representation.

    However, on the second date of adjournment, the defence counsel was absent in court.

    When the case came up on Monday, the prosecution counsel, Ms Titilayo Shitta-Bey, the State Director of Public Prosecutions (DPP) informed the court that the business of the day was arraignment.

    She, however, said Evans’ counsel, Mr Olukoya Ogungbeje, was not yet in court, adding that an application seeking to quash the charge was served on them by the defence.

    Other defendants’ counsel — Messers Ogedi Ogu, Emmanuel Ochai and Jude Igbanoi — were all present in court and they acknowledged the application seeking to quash the charge.

    Justice Adedayo Akintoye, however, adjourned the case until Feb. 28 for the hearing of the application to quash charge.

    NAN also reports that the alleged kidnap kingpin was arrested on June 10 and was in August arraigned before Justice Hakeem Oshodi at an Ikeja High Court for kidnapping.

    He has also been arraigned before Justice Oluwatoyin Taiwo, who has been transferred to the Ikeja Division. (NAN)

  • Evans: Court adjourns continuation of trial to March 2

    Evans: Court adjourns continuation of trial to March 2

    The trial Chukwudumeme Onwuamadike a.k.a Evans, and his alleged accomplices, was on Friday adjourned until March 2, an Ikeja High Court has ruled.

    The trial was adjourned due partly to the fact that Okwuchukwu Nwachukwu, a co-defendant, had yet to secure legal representation.

    Mr Anselm Dunu, the brother of Mr Donatius Dunu, a victim, was scheduled to be cross-examined on Friday by the defence counsel.

    He was, however, not fully cross-examined by the defence because of the absence of Nwachukwu’s lawyer.

    Evans and Nwachukwu are standing trial alongside Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi and Victor Aduba on a two-count charge of conspiracy and kidnapping.

    During Friday’s proceedings, Justice Hakeem Oshodi, the judge inquired from Nwachukwu (the fourth defendant),why he did not have a legal representation.

    “My Lord, we are still making arrangements for a lawyer,” he said.

    Registering her displeasure, Ms Titilayo Shitta-Bey, the State Director of Public Prosecutions (DPP), urged the court to proceed with the trial, noting that it was a ploy by the defence to delay proceedings.

    She said: “On the last adjourned date which was Nov. 17, 2017, this court inquired from the fourth defendant on how long it will take for him to engage a counsel to represent him in this matter and he requested for two weeks.

    “Here we are in Jan. 19, 2018, still no legal representation.

    “My learned friend, Mr Olukoya Ogungbeje, who appeared for the first and second defendants, had previously announced his appearance for the fourth defendant.

    “He thereafter withdrew his appearance on the grounds that the fourth defendant was yet to perfect his brief.

    “Section 36 of the 1999 Constitution provides that a defendant is entitled to counsel of his choice and he can also represent himself if he so wishes.”

    According to Shitta-Bey, there is a Supreme Court pronouncement on the matter of delays or where there is a deliberate attempt to delay proceedings in court.

    “The duty of the court is to assert its control over proceedings and not to permit either of the parties to impose a state of helplessness on the court.

    “Where a party has been given ample opportunity by the court to secure representation, the court cannot wait forever or delay proceedings forever.

    “The court can assign a counsel to take up the defence of the defendant,” she told the court.

    The DPP also submitted that a speedy trial is fundamental in the speedy dispensation of justice and noted that Ogungbeje could represent Nwachukwu and commence the cross-examination of Dunu.

    Ogungbeje, however denied trying to delay the trial, saying the family of Nwachukwu met us and they promised that they will perfect our brief in a week or two.

    “In the circumstance, I will like to say that it is not the fourth defendant’s (Nwachukwu) fault that he did not have a counsel; his new counsel, Mr Olanrewaju Ajanaku, withdrew from the case.”

    Justice Hakeem Oshodi ordered that the defence counsel present in court should cross-examine Dunu.

    Dunu, while being cross-examined by Ogungbeje, told the court that he did not know the persons who were given the N100 million ransom for his brother’s release.

    “I spoke to some unknown voices, I don’t know if the voices belong to the first and second defendants (Evans and Amadi).

    “I did not hand over the ransom, I did not know the persons the ransom was given to, but I know the person who gave the instructions of whom the money should be given to.

    “The strange voices told me what to do in order to release my brother, I only met the first and second defendants for the first time in the office of the Inspector-General of Police.

    “I made my statement to the police sometime in June but I did not mention the names of the first and second defendant because I did not know their names then.

    “In my statement, I said I did not suspect anyone in the kidnap of my brother. The voices I spoke to during the ransom negotiations were muffled,” he said.

    NAN reports that on Nov. 3, 2017 Dunu had in his examination-in- Chief told the court that the defendants had demanded one million Euros as ransom for the release of his younger brother,
    Mr Donatius Dunu.

    Donatius was kidnapped on Feb. 14, 2017 along Obokun Road, Ilupeju, Lagos and his family reportedly paid N100 million ransom to secure his release.

    After Dunu left the witness box, Mr Emmanuel Uchai, a defence counsel for Aduba, one of Evan’s co-defendants, applied orally for his bail.

    “I am seeking an order for the bail for the sixth defendant (Aduba). The bedrock of the criminal justice system is the assumption of innocence subject to the discretionary powers of the court.

    “There is nothing linking the sixth defendant to the kidnap of Donatius Dunu, he has no prior criminal record.

    “The prosecution argued that some members of the gang are still at large but there is nothing in the charge before the court that suggests it.

    “I wish to appeal that the sixth defendant be granted bail on liberal terms which can allow him attend trial and not punish him,” he said.

    Objecting to the application, Shitta-Bey told the court that she had a 15-page counter-affidavit and a written address to that effect.

    Citing the Supreme Court case of Asari Dokubo Vs the Federal Republic of Nigeria, the DPP said that Aduba should be denied bail in the interest of the public.

    “This is a serious offence and it is not going to guarantee the peace and tranquility of the society and there is no material evidence before the court guaranteeing this.

    “I pray the court to refuse the defendant’s bail and dismiss this bail application,” she said.

    Justice Oshodi adjourned the case until March 2 for ruling on the bail application and the cross-examination of Dunu.

    NAN