There was confusion at a Lagos High Court, Igbosere, as a defendant in the trial of suspected killers of prominent Lagos politician, Funsho Williams, slumped in court. Musa Maina (second defendant) slumped during an argument on whether or not the prosecution should be allowed to collect fresh blood samples from the defendants for forensic investigation.
Maina, who is said to be asthmatic, has been in prison custody since 2006, with the first defendant, Bulama Kolo.
Barely 45 minutes after the defendants – Kolo, Maina, David Cassidy, Tunani Sonani, Mustapha Kayode and Okponwasa Imariabie – were put in the dock, Maina slumped. As his co-defendants tried to prop him up, Justice Adeniyi Adebajo, noticed the confusion.
The accused asked for permission to be allowed to sit down.
As the trial continued, Maina slumped for the second time from his seat. This created unease in the courtroom. Apparently worried by the incident, Justice Adebajo ordered his support staff as well as prison authorities to call for an ambulance from a clinic.
Maina, who was seen struggling with an inhaler, with tears and catarrh running down his eyes and nostrils, was supported by security operatives to lie down.
The court became rowdy for about 10 minutes. Lawyers and litigants ran about to assist the defendant. While some asthmatic patients brought their inhalers, others were fanning Maina to regain consciousness.
About 25 minutes after the incident and five minutes after the court resumed sitting, a nurse came into the court and was assisted by two prison wardens to carry the defendant into a Lagos State ambulance, with registration number JJJ704AP.
Justice Adebajo has fixed February 20 for ruling on whether or not the prosecution can collect fresh blood samples from the accused.
The state government, last April, told the court that the exhibits for forensic evidence collected from the defendants, including Funsho Williams' eyes, had been damaged because of epileptic power supply.
At the resumed hearing yesterday, counsel to the state, Mrs E. I. Alakija, reminded the court of the pending application seeking approval for the collection of fresh blood samples.
She also reminded the court of a motion on notice dated October 28, 2013, seeking an order to take such samples.
Mrs Alakija said the prosecution relied on the nine paragraphs of its written affidavit, citing authorities that allow samples to be collected during a criminal trial.
Objecting to the prosecution's prayer, counsel to the defendants, Okezie Agbara, in a nine-paragraph counter-affidavit, told the court that the prosecution could not open investigation at this stage of the trial.
He said: "Since the prosecution said the initial samples have been destroyed by lack of electricity, which samples will they match it with?"
Justice Adebajo interrupted Agbara, asking the defence lawyer if he ever watched Crime Investigation (CI) channel on DSTV.
"Have you ever watched Crime Investigation on DSTV? Evidence obtained from a crime scene can be kept for 12 years and will still be valid.
Such evidence obtained from wood and clothes do not need electricity for preservation," Justice Adebajo said.
The defence counsel also argued that an accused should be prosecuted within reasonable time, noting that since the matter has dragged since 2007, allowing the prosecution collect fresh samples will further delay the matter.
He said that allowing the prosecution would delay justice.
Agbara also submitted that the prosecution's prayer should be disregarded on the grounds that an attached exhibit, marked A, which is a ruling from a Magistrates' Court was not signed by the magistrate. He said the ruling only contained the stamp and endorsement of the registrar, as such cannot be relied on.
After listening to the submissions of the parties, Justice Adebajo fixed ruling on the application for February 20.
Maina, who is said to be asthmatic, has been in prison custody since 2006, with the first defendant, Bulama Kolo.
Barely 45 minutes after the defendants – Kolo, Maina, David Cassidy, Tunani Sonani, Mustapha Kayode and Okponwasa Imariabie – were put in the dock, Maina slumped. As his co-defendants tried to prop him up, Justice Adeniyi Adebajo, noticed the confusion.
The accused asked for permission to be allowed to sit down.
As the trial continued, Maina slumped for the second time from his seat. This created unease in the courtroom. Apparently worried by the incident, Justice Adebajo ordered his support staff as well as prison authorities to call for an ambulance from a clinic.
Maina, who was seen struggling with an inhaler, with tears and catarrh running down his eyes and nostrils, was supported by security operatives to lie down.
The court became rowdy for about 10 minutes. Lawyers and litigants ran about to assist the defendant. While some asthmatic patients brought their inhalers, others were fanning Maina to regain consciousness.
About 25 minutes after the incident and five minutes after the court resumed sitting, a nurse came into the court and was assisted by two prison wardens to carry the defendant into a Lagos State ambulance, with registration number JJJ704AP.
Justice Adebajo has fixed February 20 for ruling on whether or not the prosecution can collect fresh blood samples from the accused.
The state government, last April, told the court that the exhibits for forensic evidence collected from the defendants, including Funsho Williams' eyes, had been damaged because of epileptic power supply.
At the resumed hearing yesterday, counsel to the state, Mrs E. I. Alakija, reminded the court of the pending application seeking approval for the collection of fresh blood samples.
She also reminded the court of a motion on notice dated October 28, 2013, seeking an order to take such samples.
Mrs Alakija said the prosecution relied on the nine paragraphs of its written affidavit, citing authorities that allow samples to be collected during a criminal trial.
Objecting to the prosecution's prayer, counsel to the defendants, Okezie Agbara, in a nine-paragraph counter-affidavit, told the court that the prosecution could not open investigation at this stage of the trial.
He said: "Since the prosecution said the initial samples have been destroyed by lack of electricity, which samples will they match it with?"
Justice Adebajo interrupted Agbara, asking the defence lawyer if he ever watched Crime Investigation (CI) channel on DSTV.
"Have you ever watched Crime Investigation on DSTV? Evidence obtained from a crime scene can be kept for 12 years and will still be valid.
Such evidence obtained from wood and clothes do not need electricity for preservation," Justice Adebajo said.
The defence counsel also argued that an accused should be prosecuted within reasonable time, noting that since the matter has dragged since 2007, allowing the prosecution collect fresh samples will further delay the matter.
He said that allowing the prosecution would delay justice.
Agbara also submitted that the prosecution's prayer should be disregarded on the grounds that an attached exhibit, marked A, which is a ruling from a Magistrates' Court was not signed by the magistrate. He said the ruling only contained the stamp and endorsement of the registrar, as such cannot be relied on.
After listening to the submissions of the parties, Justice Adebajo fixed ruling on the application for February 20.
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