On October 24, Fresh was represented by Chief Selowei Baidi, who is also the counsel to the 1st and 2nd defendants, while Mr J. O Egwuaroje was the counsel to the 3rd defendant.
The defendants were remanded in Ikoyi Prison, Lagos following their plea of not guilty and the Attorney General/Commissioner for Justice’s craving for the court to remand them in prison pending trial.
At the commencement of proceedings today, The State’s Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem, who led the prosecution team who was represented by Mrs Idowu Alakija, the State Director of Public Prosecution (DDP), announced her appearance for the State, Baidi maintained appearance for the 1st, 2nd and 4th defendant and Egwuaroje also maintained appearances for the 3rd defendant.
But mild drama began when another lawyer, Mr. Anthony Onwueze, also announced appearance for the 4th defendant, Fresh.
Responding to a query from Justice Taiwo, Onwueze explained that he had been commissioned to represent the fourth defendant.
"Prior to the court sitting, we approached Mr. Baidi that we have a specific instruction from the fourth defendant to represent him in this matter. But Mr. Baidi said his brief has not been perfected. We have a letter from the defendant authorising us to represent him," Onwueze said.
But Baidi confronted Onwueze with the Rules of Professional Ethics of the profession and insisted that Onwueze had not fulfilled the conditions precedent for over a brief from another lawyer.
Baidi said: "I maintain my stand as the defence counsel for the 4th defendant. I am opposed to him taking over as counsel without compliance with Rule 29 of the Rules of Professional Ethics."
Following the arguments prosecution counsel Mrs. Alakija observed that a dispute over proper representation in the case could be resolved in accordance with Section
234 of the Administration of Criminal Justice Law (ACJL), 2011, which provides for change of counsel.
She offered that the prosecution was willing to give counsel time to settle the matter.
"We can give counsel time to sort out the issue of representation before the next adjournment. We still have November 11 and 14 dates for trial," Alakija said.
In a bench ruling, Justice Taiwo said: "both counsel are hereby advised to abide by the professional rules and Mr Onwueze should assist Chief Baidi to recover whatever fees are due to him from the fourth defendant’.
"In view of the circumstances, I would suggest that we commence trial on November 11, by which time counsel would have put their house in order. This case is hereby adjourned till November 11. Witnesses must be in court. Counsel must have resolved the issue. No bickering gentlemen." Justice Taiwo ruled.
The Lagos State Government arraigned the defendants on eight count charge bordering on conspiracy, murder, attempted murder, robbery, armed robbery, felony and kidnapping.
They and others at large were accused of conspiring to commit the alleged offences on July 16, 2016 at the traditional ruler's palace in Iba.
Apart from the kidnap of Oba Yishau Goriola Oseni, they allegedly murdered a security guard, Sunday Eniola Okanlawon and a commercial motorcyclist, Joseph Okeke and also attempted to murder the monarch’s wife, Olori Abosede Oseni.
According to the charge, they also robbed Abosede of her mobile phone while armed with guns.
The State said the offences contravened Sections 233, 230, 299, 297 (2) (b) and 411 of the Criminal Law of Lagos State C17, Vol 3 Laws of Lagos
Lagos Attorney-General and Commissioner for Justice has assured that the present administration was determined to hurt the scourge of kidnapping, cultist killing, raping and murder, adding that Governor Ambode, as part of his commitment to make the State a safe place to live in, move freely around, and do business, will continue to support law enforcement agencies in the investigation and apprehension of all criminals, especially those involved in heinous crime of kidnapping, armed robbery and murder.
BOLA AKINGBADE
DPA-JUSTICE
04/11/16
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