The counsel for Chidinma Ojukwu’s motion to cross-examine an employee of Access Bank over the late Mr Usifo Ataga’s bank statements tendered as exhibits was dismissed by a Lagos High Court sitting at the Tafawa Balewa Square on Tuesday.
The bank statements, on the other hand, were admitted as exhibits by Justice Yetunde Adesanya.
Ojukwu is on trial for the alleged assassination of Super TV’s Chief Executive Officer (CEO), Ataga.
Along with her sister, Chioma Egbuchu, and one Adedapo Quadri, she is charged with murder, stealing, and forgery.
Mrs. A. O. Oluwafemi, the prosecution’s counsel, told the court on Tuesday that the prosecution had a representative from Access Bank in court on the basis of the subpoena to tender the deceased’s account document.
She then summoned Toafeek Lawal, a bank representative, to the witness box to present the statement and the certificate of identification.
Following the tender of the statement, the first defendant’s counsel, Onwuka Egwu, raised an objection to the officer from Access Bank being cross-examined about the document he had tendered.
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Lawal, he claims, is the deceased’s account officer, as evidenced by the subpoena and certification attached to the account.
As a result, he stated that the bank officer was in a position to testify regarding the account.
However, neither the second defendant’s counsel, Mr Babatunde Busari, nor the third defendant’s counsel, Mr A. O. Ogunsanya, objected to the account statements being submitted.
In a brief ruling, Justice Adesanya stated that Section 218 of the Evidence Act (EA) 2011 allows a person, whether a party or not, to be summoned to produce a document without being summoned to testify.
She also stated that under Section 219 of the EA, a person summoned to produce a document does not become a witness simply by producing it, and that he cannot be cross-examined until he is called as a witness.
“Because this Access Bank officer has not been sworn under oath, he cannot be cross-examined,” the judge said, dismissing the first defendant’s application.
Similarly, Ademola Ayodeji, a Guaranty Trust Bank officer, presented the late Ataga’s bank statements to the court.
As a result, Justice Adesanya accepted all of the documents as exhibits in court.
According to reports, the prosecution requested a short adjournment from the court on April 25 in order to get its house in order regarding the deceased’s bank statements.
On October 12, 2021, the three defendants were arraigned on a nine-count charge brought by the Lagos State Government against them (LASG).
Ojukwu and Quadri are accused of conspiracy, murder, stabbing, forgery, falsifying bank statements, and stealing, among other charges.
Egbuchu, the third defendant, is charged with stealing an iPhone 7 belonging to the late Ataga.
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On June 15, 2021, Ojukwu and Quadri allegedly conspired to murder Ataga by stabbing him several times in the neck and chest with a knife.
No.19, Adewale Oshin St., Lekki Phase 1, Lagos State, is where the alleged murder occurred.
The two were also charged with forgery for obtaining and fabricating bank account statements purporting to be signed by the deceased.
The case has been postponed until April 28 to allow for the continuation of the trial.
