Justice Ambrose Lewis Alagoa of the Federal High Court, Lagos, has threatened to close the case of prosecution in the trial of a Lagos businessman, Mr Kenneth Amadi, who is standing trial before the court for alleged misappropriation of N2.9 billion if by next adjourned date, the prosecution fails to bring their remaining witnesses to court.
Justice Alagoa gave the hint to close prosecution’s case when the matter was called for continuation last Friday but the prosecution told the court that they could not proceed with the trial due to their inability to bring any of their witnesses to court.
Naham Damar who appeared for the prosecution in the absence of lead counsel, Aderonke Imana, told the court that the lead counsel was on official duty. The next witness, the IPO, was not available. She said that in such circumstance, she would be asking for an adjournment.
Responding, defence counsel, Dr Monday Ubani, who appeared with O. J. Akinwale for the defendant, in his submission opposed the prosecution’s request for adjournment.
He told Justice Alagoa that the defendant is desirous of concluding the matter and go on with his life. He urged the court to ensure that if the prosecution is not ready to proceed by next adjourned date, the court should close the prosecution and allow the defendant to open his defence.
“My lord, recall that at last proceedings, the prosecution promised to bring the witness today and now the witness is not here, contrary to the agreement reached,” he said.
He reminded the court that there is a director who wrote the petition, stressing that if the IPO is not available, the director as the next witness should be called.
Following the submission of Dr Ubani, Justice Alagoa in the open court said yes it was agreed at the last proceeding that prosecution should bring their witness. He said the trial could have continued if any of the witnesses was in court even without the lead counsel because she is ably represented by a counsel. But because the witness was not available, he would grant the request for adjournment.
He, however, agreed with the defence counsel’s submission for an undertaking by the prosecution to endeavour to bring all their witnesses at next adjourned date, otherwise they close their case.
Granting request for adjournment, Justice Alagoa told counsel representing the AGF that if by next adjourned date of March 24th and 25th, they refuse/fail to bring their witnesses for the matter to continue, he will have to close the prosecution’s case.
Recall that since the commencement of the trial, the prosecution has brought two supposedly key witnesses.
At the last proceedings on January 20, the second prosecution witness and accountant with Eunisell Ltd, Mr Philip Enejo Odekina, had under cross examination by Dr Ubani, stated that the defendant, Kenneth Amadi did not defraud Eunisell Ltd of the alleged N2.9 billion.