There is discontent in the Ekiti State judiciary, following the discontinuance of trial of three persons charged with the murder of Mrs. Rebecca Adewumi in Omuo-Ekiti in 2012.
The late Mrs. Adewumi was hacked to death by a gang of youths, known as Imekula, which claimed that she was a witch.
The suspected killers were believed to be acting on the orders of some prominent individuals.
Mrs. Adewumi was accused of using sorcery to “torment” her stepson, Ola, who later died of an undisclosed ailment.
Three persons were arraigned at an Ado-Ekiti High Court for their alleged complicity in the murder.
They are Chief Olatunbosun Orojo, the Olisa of Ilisa Quarters, Omuo, Mrs. Ademola Adewumi and Feranmi Abe.
Trial was at an advanced stage when judiciary workers went on strike. After suspension of the six-month strike, a Notice of Discontinuance was issued by the Office of the Attorney General and Commissioner for Justice.
The Notice of Discontinuance was backed by a letter from a representative of the deceased’s family, Gabriel Omokanju.
The move to halt the case displeased the judge, Justice Monisola Oluwatoyin Abodunde, who said although the accused “are discharged, they are not acquitted.”
She said: “You are hereby discharged but not acquitted. You are discharged not on the basis of the merit of the case.”
Justice Abodunde said the court was aware of the powers of the Attorney General under Section 2(11) of the 1999 Constitution as amended, to discontinue cases at whatever stage, noting that she would not tamper with such (powers) as exercised in the case.
According to her, the move to settle the matter out-of-court came when the case had reached an advanced stage as both the prosecution and the defence had closed their cases and 10 witnesses had been called and cross-examined.
She regretted that the exercise of such prerogative by the attorney general at such an advanced stage when judgment was being awaited only meant a waste of time and resources of the court, which would also affect expected returns to the National Judicial Council (NJC).
Justice Bodunde observed there should be a stage in the trial of a case after which such powers could not be exercised by the attorney general, hinting at possibilities of initiating moves to cause such limitations to further sanitise the judicial processes.
The state’s counsel, Paul Alabi, told the court about the Notice of Discontinuance and the supporting family letter.
Alabi, prayed the court that, based on the two documents, the accused should be discharged, as both the prosecution and defence had closed their case.
He apologised for the stress and the time expended by the court on the matter.
The defence counsel, Lekan Olatawura, supporting the prayer of the prosecution counsel, urged the court to discharge and acquit the accused persons.
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