Justice Yetunde Adesanya of the Lagos State High Court sitting at Tafawa Balewa Square on Monday directed the prosecution to grant access to the legal team of Chidinma Ojukwu, who is standing trial for the alleged murder of Super TV Chief Executive Officer, Michael Usifo Ataga, to certain exhibits tendered in the case.
The exhibits, which the judge ordered to be made available to the defence, include mobile phones, laptops, and SIM cards belonging to both the deceased and the defendants.
Justice Adesanya issued the directive after hearing an application filed by the first defendant’s counsel, Onwuka Egwu, who sought access to the exhibits that were previously released to the nominal complainant on bond by the prosecution.
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Ojukwu and one Adedayo Quadri were arraigned before the court on an eight-count charge bordering on murder, forgery, and stealing.
They were accused of conspiring to murder Ataga on June 15, 2021, by stabbing him several times in the neck and chest with a knife at 19 Adewale Oshin Street, Lekki Phase 1, Lagos.
The state also arraigned Chidinma’s sister, Chioma Egbuchu, on a one-count charge of receiving stolen property after Ataga’s iPhone 7 was allegedly recovered from her.
All the defendants pleaded not guilty to the charges.
Egwu had argued that the defence required access to the exhibits to adequately prepare Ojukwu’s case.
The requested items include an iPhone 11 Pro (black), an iPhone XS (gold), an iPhone 7 Plus, a 2019 MacBook Pro (silver), an HP laptop, and two 9Mobile SIM cards belonging to the first defendant. Items belonging to the deceased include an iPhone 8, an iPhone 12 Pro Max, and a MacBook Pro 13.
In her ruling, Justice Adesanya held that not all the items requested were in the custody of the prosecution but stressed that every accused person has the right to access exhibits relevant to their defence.
Following the ruling, the prosecutor, Yusuf Sule, tendered three items—an iPhone 7, an iPhone 11, and an HP laptop—to the court.
However, the trial could not proceed as only the third defendant, Egbuchu, was present, while Ojukwu and Quadri were absent due to the planned #ReleaseNnamdiKanuNow nationwide protest.
The case was adjourned to October 27 for the continuation of trial.