Mr A. Nwachukwu, counsel to the second accused, Olisaeloka Ezike, in the ongoing trial of Cynthia Osokogu's alleged murder, on Thursday sought the leave of court to file his final written address.
Recall that Justice Olabisi Akinlade, of the Igbosere
High Court, Lagos, had on Oct. 27, foreclosed the right of
the second defendant to file his address.
Akinlade had made the order due to
the delay by the second defendant to file his final written address, adding
that there were several adjournments by the court to enable the second
defendant file his address.
The late Osokogu was allegedly
murdered on July 22, 2012 at Cosmilla Hotel, Lakeview Estate, Festac Town,
Lagos, by her Facebook lover.
The defendants are Okwumo Nwabufo, 33; Olisaeloka Ezike, 23; Orji Osita, 33,
and Ezike Nonso, 25.
They are facing a six-count charge
bordering on conspiracy, murder, stealing, reckless negligence and possession
of stolen goods.
At the resumed hearing on
Thursday, Nwachukwu, told the court that he had a motion on notice which was
seeking to regularize his written address filed out of time.
He informed the court that he had served other parties in the case with the
documents, however, the court's copy was handed to the court's registrar
in the court, but with the leave of court.
Nwachukwu told the court that he
was not the counsel handling the case from the beginning.
He said that the reason why the
former counsel was not able to file the address within time was due to
ill-health.
“The former lawyer handling this
case was very ill. I was newly briefed, therefore, needed time to study the
proceedings of the court.
“Also there were10 witnesses in this case which I had to study their various
testimonies.“I seek the leave of this court to file a motion to regularize my final written address,” Nwachukwu said.
Other counsel in the case, the
prosecutor, Mrs E. I. Alakija, the Director for Public
Prosecutions, Lagos State, Mr Victor Okpara, counsel to the first defendant and
Mr Chris Obiaka, for third/fourth defendants, were all present.
All the counsel in the case did
not object to Nwachukwu's prayers.
Justice Akinlade, however,
cautioned the counsel and said that the final written address was supposed to
be filed in April but was not filed.
She said that the counsel filed the final address out of time without
accompanying it with a motion to regularize it.
Akinlade said, “You took this
court for granted and decided to sleep on your clients rights before filing the
written address and the motion to regularize it.
“For the interest of justice, your
prayers are granted”.
She however, said that the court
could not accommodate the adoption of the addresses today, and adjourned the
case till Jan. 12 for adoption of the final written addresses.
Earlier, the prosecutor informed
the court that she had filed her reply to the written addresses as was
instructed by the court.
She said that the business of the
day was for the court to adopt the final written addresses.
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