Admin l Tuesday, April 16, 2019
IGBOSERE, Lagos, Nigeria – Justice I. O Akinkugbe of a Lagos High Court sitting in Igbosere today admitted in evidence an electronically generated document tendered by the Lagos State government in the ongoing murder trial of an Islamic cleric Taofeek Adamu, who allegedly cut off the head of a worshipper in a mosque for ritual purposes.
Adamu 63, was arraigned on a two count charge of conspiracy and murder by the Lagos State Government. Prosecution, led by Mrs O. F Fagbai, told the court that the defendant severed the head of one Oluwakemi Afolabi, 38, a worshiper in his mosque. She said that Adamu a resident of Masinowe Compound, Ikoga in Badagry, who is also known as (Kiekie), committed the offence on March 19, 2017, punishable under sections 222 and 233 of the Criminal Law of Lagos State, 2015.
Fagbai said that the cleric committed the offence at 4.00p.m. at Waterside, Ikoga-Zebbe in Badagry. She said that the deceased had come to seek spiritual help from the cleric.
“The defendant beheaded the deceased before chopping off her other parts for ritual purposes. He was apprehended when members of the community saw him carrying a sack soaked with blood,” the prosecutor said.
At the last adjourned date on April 9, the Prosecution had sought to tender an electronic generated evidence through it’s witness, but was objected by the defence counsel Mrs A. O Ajayi. The witness, who had earlier given evidence, had told the court that he stumbled on the video link of the confessional statement made by the defendant Taofeek Adamu.
The police witness said that while he was going through the internet, he saw a video, clip, where the former Commissioner of Police Lagos State Fatai Owoseni, conducted a press interview, and Adamu, confessed exactly to the evidence he had earlier given before the court.
He said that after which he copied the video link and burned it on a compact Disk, with his HP, laptop, which was in good condition, on January 25, 2019, and signed the certificate. The defendant counsel in her objection, said that the certificate does not identify the document, it just said document.
” This certificate just says document, but did not identify what is in the certificate, section 84 (4), In any proceeding where it is desired to give a statement in evidence by virtue of this section a certificate:
(a) identifying the document containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer,
“The compact Disc it self says interview conducted by the press. When it comes to computer generated documents, it tells you how it was produced. But in this case, the document was not produced by the witness. It also does not state the name of the officer, this is not permissible not on the face of the document, but on the content, ” Ajayi said. In her response Fagbai argued that the paramount thing to consider is whether the actual document is relevant.
” The prosecution has complied, I urge you lordship, to discountenance the objection the defence raised, as this document we sought to tender is very important and the original is before the court, “Fagbai said. Justice Akinkugube, said the electronic evidence tendered in court is very relevant and adjourned the case till May 21, for continuation of trial.
