Just In: Court Dismisses Applications To Stop Falana From Prosecuting OAU Student’s Murder Trial

An Osun State High Court sitting in Osogbo has dismissed applications by counsels to defendants in the murder trial of Timothy Adegoke, postgraduate student of Obafemi Awolowo University, who was allegedly killed inside Hilton Honor hotel in Ile-Ife.

CityMirrorNews recalls that the owner of the hotel where Adegoke was allegedly murdered, Raymond Adedoyin and six of his workers have been facing trial over the death of Adegoke.

The workers are Magdalene Chiefuna, Adeniyi Aderogba, Oluwole Lawrence, Oyetunde Kazeem, Adebayo Kunle and Adedeji Adesola, are standing trial over the death of Adegoke.

Counsels to the defendants including Yusuf Ali, Rowland Otaru, and Murtala Abdulrasheed, in their separate applications, had asked the court, during the last sitting, to declare null and void the appearances, applications and other legal activities of the prosecuting counsel, Femi Falana for allegedly lacking locus standi to prosecute the matter.

They had urged the court to declare null and void and unconstitutional the appearances, applications and entire proceedings that Falana, Funmi Falana and Fatima Adesina partook for failing to show proof that they are prosecuting with the approval of the Attorney General of Osun State and Commissioner of Justice.

While stressing that Falana does not possess fiat from the state Attorney General to prosecute the matter and that he failed to present any evidence of the fiat to the court, the defence counsels had prayed for order of the court to set aside the proceedings in which Falana and his fellow prosecuting colleagues participated and to also impede their further participation in the matter.

Falana had argued that he obtained a fiat of the Attorney General and Commissioner of Justice of Osun State to prosecute the matter.

He said that Osun Attorney General had sent three lawyers to the court on April 25, 2022 and handed the prosecution of the matter to him and wondered what the defence counsels stand to achieve by making the applications.

Delivering ruling on the three separate Motions on Notice filed by the defence counsels, the presiding judge, Justice Adepele Ojo, held that Falana has the approval of the Attorney General of Osun to prosecute the case.

Ojo, the Chief Judge of Osun, therefore, dismissed all the applications saying neither the State Attorney General nor any of the officials of the State Ministry of Justice had questioned the appearances and prosecuting role of Falana and legal practitioners in his chambers.

She ruled, “I therefore hold that the prosecution of this case by Femi Falana and any members of his chambers is valid and can’t be questioned by anyone other than the Attorney General of the state.”

Ojo said it was rather too late for the defendants to question Falana’s appearances when hearing in the matter had ended, adding, “the applications are misconceived, lacking in merit and thereby dismissed.”

Meanwhile, the court will soon deliver judgment on the substantive case of murder.