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From Lateef Dada, Osogbo
The prosecutor and counsels in the case of Timothy Adegoke, a Master student of Obafemi Awolowo University (OAU), Ile-Ife, whose corpse was allegedly dumped inside bush after his lodgement at the Hilton Hotel and Resort, Friday disagreed over the admissibility of no case submission filed by the defendants.
The hotelier, Dr Rahmon Adedoyin, Adedeji Adesola (23), Magdalene Chiefuna (24), Adeniyi Aderogba (37), Oluwale Lawrence (37), Oyetunde Kazeem (38) and Adebayo Kunle (35), were arraigned on March 3, 2022 on 11 count charges bothering on conspiracy, unlawful killing, attempt to commit felony to wit killing, dumping of remains of Adegoke inside bush, improper and indecent interference with the body of the deceased.
When the case came up Friday, counsels to the 1st defendant, Yusuf Ali SAN and K. K. Eleja SAN, told the court that the prosecution has failed to prove a prima facie case against their client and urged the court to discharge Adedoyin and acquit him.
According to the counsels, of the eight witnesses called by the prosecution, none gave any evidence admissible in law to connect Adedoyin to any of the offences charged and the only person PW 4 (IPO) that mentioned his name in evidence, did so in positive light.
Also, counsels to the 2nd, 4th and 5th defendants, Muritala AbduRasheed SAN, said his clients did not have interaction with the deceased until he was discovered dead, saying no act of the defendants was traceable to the deceased.
Counsel to the 3rd and 5th defendants, Rowland Otaru SAN, made similar submission, saying no case submission suffices in law, since no prima facie case has been established against his clients.
Similarly, counsel to the 7th defendant, Okon Ita, posited that the only reason his client was brought to court was that she was the receptionist on duty when the deceased lodged in the hotel and that the deceased paid into her account on the day he lodged in the facility.
He maintained that his client has never committed any offence by receiving money and paid into the account of the hotel, insisting that the prosecution acted on suspicion and did not have positive evidence linking his client.
The counsels urged the court to allow the no case submission and discharge their clients for failure of the prosecution to prove a prima facie case against them.
In his reply, the prosecution led by M. O. Omosun, submitted that no matter how light an evidence linking an accuse to a charge, he ought to enter defence and explain himself or herself.
He urged the court to agree that he has proved a prima facie case against the defendants, overrule the no case submission and call upon the defendants to enter their defense.
The presiding Judge, Justice Oyebola Adepele Ojo, thereby adjourned to Wednesday, 30th March, for ruling on no case submission.
