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| The Deceased |
A lawyer, Mrs. Yewande Oyediran, who was accused of stabbing her husband, Lowo, to death in Ibadan, the Oyo State capital, appeared yesterday at the high court before the chief judge, Justice Mukhtar Abimbola.
The case had been transferred from the Chief Magistrate’s Court due to lack of jurisdiction to hear it.
The accused, who covered her face with clothes, arrived at 9:09am in company of armed prison officials.
A lawyer, Michael Aliu, who claimed to be appearing on behalf of the deceased’s family, said he was in court to watch the brief.
But the lead defence counsel, Oloyede Ashanike, objected.
Justice Abimbola over-ruled the objection and granted Aliu the permission to watch the brief without making a speech.
The prosecuting counsel, Tajudeen Abdul-Ganiyu, applied for the date for commencement of trial.
He appealed to the judge to order the court bailiff to serve the defence counsel the document of the case.
Justice Abimbola granted the appeal and ordered both counsel to pick a date for commencement of trial.
Abdul-Ganiyu said eight witnesses will testify, adding that they have agreed to begin trial on March 24.
Justice Abimbola thereafter adjourned till March 24.
The Oyediran family filed a petition to involve a private lawyer in the matter.
A letter dated February 15 addressed to the Permanent Secretary and Solicitor General, Ministry of Justice, by the family’s counsel, Kehinde Adesiyan, called for impartial independent lawyers to prosecute the case on behalf of the government.
The petition, “Application for Fiat to prosecute the criminal case”, reads: “You will recall our earlier letter dated February 4 in which our client instructed us to appeal to your office and the Department of Public Prosecution to allow for untainted legal advice in respect of the above subject matter.
“We really want to express our appreciation to your office for the prompt rendering of the legal advice in respect of this matter and the filing of information to the high court for the prosecution of this case.
“Whilst the family appreciates your efforts, it feels that for there to be justice to all stakeholders, it will be fair and appropriate for impartial, independent lawyers to prosecute this case on behalf of the government.
“This becomes necessary because the accused is a legal officer not only in the Ministry of Justice but she is also an officer in the Directorate of Public Prosecution.
“Needless to say that the refusal of this application for fiat to prosecute this matter will violate the principles of fair hearing and natural justice.
“As we all aware that justice is a three-way traffic for the accused, the victim and the society.
“In view of the above explanation, we most respectfully apply for the fiat of the Ministry of Justice for private lawyers to prosecute this case on behalf of the ministry and the government.”
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