Justice Yetunde Adesanya of the Lagos State High Court sitting at Tafawa Balewa Square on Monday directed the prosecution to grant access to lawyers of Chidinma Ojukwu, accused of the murder of Super TV Chief Executive Officer Michael Usifo Ataga, to certain exhibits tendered in the case.
Some of the exhibits which the judge ordered to be made available to the defence are mobile phones, laptops, and SIM cards belonging to both the deceased.
Justice Adesanya gave the order after entertaining an application filed by the first defendant’s counsel, Onwuka Egwu, requesting access to the exhibits that had previously been released to the nominal complainant on bond by the prosecution.
Ojukwu and one Adedayo Quadri were arraigned before the court on an eight-count charge bordering on the allegations of murder, forgery, and stealing.
They were accused of conspiring to murder Ataga on June 15, 2021, by stabbing him several times with a knife in the neck and chest at 19 Adewale Oshin Street, Lekki Phase 1, Lagos.
The state also docked Chidinma’s sister, Egbuchu, from whom the late Ataga’s iPhone 7 was said to have been recovered on a one-count charge of receiving stolen property.
They all pleaded not guilty to the charge.
Egwu had claimed that the defence team required access to the exhibits in order to prepare their client’s (Chidinma Ojukwu) defence.
The requested items include an iPhone 11 Pro (black), an iPhone XS (gold), an iPhone 7 Plus, a 2019 MacBook Pro (silver), an HP laptop, and two 9Mobile SIM cards belonging to the first defendant.
Items belonging to the deceased include an iPhone 8, an iPhone 12 Pro Max, and a MacBook Pro 13.
In her ruling, Justice Adesanya held that not all the items requested were in the custody of the prosecution. However, she emphasised that every accused person has the right to access exhibits relevant to their case in order to prepare their defence.
After the ruling, the prosecutor Yusuf Sule tendered three items—an iPhone 7, an iPhone 11, and an HP laptop—to the court.
However, the trial could not go on as only Chioma Egbuchu, the third defendant, appeared in court, while Ojukwu and Quadri were absent due to the planned #ReleaseNnamdiKanuNow nationwide protest. The judge has adjourned the case to October 27 for the continuation of the trial.