By Babajide Okeowo
Justice Peter Kekemeke of an FCT High Court, Nyanya, on Wednesday fixed Sept. 30, for ruling in a motion to reopen defence and recall witnesses by the first defendant in alleged armed robbery case.
Kekemeke fixed the date after the first defendant (Ejeh)’s counsel, Prof. Agbo Madaki, brought a motion for reopening of his defence and recalling prosecution’s witnesses.
The defendants, James Ejeh and Simon Abraham, now dismissed officers, were arraigned by the police on a two-count charge bordering on conspiracy and armed robbery.
The police alleged that the duo armed with guns robbed one Christy Maker of her car and belongings on Airport Road, Abuja on Jan. 17, 2017.
The prosecution had closed its case and the defence too.
Madaki, however, sought the order of the court granting him leave to reopen his defence and also recall prosecution’s witnesses one, two, three and four.
He argued that an application by a party to recall a witness who had already given evidence should succeed where the interest of justice required it.
He based his argument on section 256 of the Administration of Criminal Justice Act, 2015.
“It is also a matter of procedure that the party applying to recall the witness must, among other things, supply sufficient materials relating to why he wants the witness recalled.
“And it is based on it that the trial judge will decide whether or not the justice of the case warrants him to exercise his discretion in his favour,” Madaki submitted.
In responding, Kufureabasi Ebong, prosecuting counsel, submitted that Madaki had always conducted his case through the junior lawyers in his office.
“All the prosecution witnesses were examined in chief, re-examined by the defence counsel both in the main trial and trial-within-trial.
“So, we respectfully urge the honourable court to dismiss this application for lacking in merit. This will delay the cause of justice,” Ebong submitted.