An Igbosere Excessive Courtroom in Lagos, on Tuesday admitted in proof a video recording of a confessional assertion of an Islamic cleric, Taofeek Adamu, charged with beheading a 38-year-old congregant.
Adamu, 61, a resident of Masinowe Compound, Ikoga close to Badagry, is standing trial on a two-count cost of conspiracy and homicide of 1 Oluwakemi Afolabi.
In keeping with Justice I. O. Akinkugbe, the electronically generated doc tendered by the prosecution complied with the Part 84 of the Proof Act.
“It is extremely related to the case and is hereby admitted as proof,” Akinkugbe dominated.
Part 84 of the Proof Act offers that a pc generated doc shall be admissible as proof of any truth said in it of which direct oral proof could be admissible and the interval wherein the doc was generated, the pc was working correctly.
The choose mentioned that the prosecution was capable of present that the pc from which the doc was generated was working correctly on the time the proof was generated.
Akinkugbe mentioned: “On whether or not the proof admitted would tamper the constitutional rights of the defendant, as to the precise to be thought-about harmless till confirmed in any other case, that will likely be thought-about in my judgment”.
She adjourned the case till Could 21 for continuation of trial.
On the final adjourned date on April 9, the Lagos State Prosecution Counsel, Mrs O. F. Fagbai, had sought to tender an electronically generated proof by means of its witness, an investigating police officer.
Nevertheless, the defence counsel, Mrs A. O Ajayi, objected to the admissibility of such proof.
The witness, who had earlier given proof, had instructed the court docket that he came across the video hyperlink of the confessional assertion made by the defendant.
The police witness mentioned that whereas he was going by means of the web, he noticed a video clip, the place the previous Commissioner of Police Lagos State, Fatai Owoseni, performed a press interview.
The police officer mentioned in that video, Adamu, confessed precisely to the proof he had earlier given earlier than the court docket.
He mentioned that after copying the video hyperlink, he recorded it on a Compact Disc (CD) along with his HP laptop computer, which was in good situation on the time of recording.
The defence counsel, Ajayi, in her objection, mentioned that the certificates which was introduced to the court docket to authenticate the doc didn’t establish the doc.
“It simply mentioned doc. This certificates simply says doc, however didn’t establish what’s within the doc.
“The compact Disc itself says interview performed by the press.
“On the subject of pc generated paperwork, it tells you the way it was produced however on this case, the doc was not produced by the witness, due to this fact shouldn’t be admitted,” the defence counsel submitted.
In her response, the prosecutor, Fagbai argued that the paramount factor to contemplate was whether or not the precise doc was related.
“I urge your lordship to discountenance the objection the defence raised, as this doc we sought to tender is essential and the unique is earlier than the court docket”. He mentioned.
Earlier, the prosecutor had instructed the court docket that the defendant severed the top of 1 Oluwakemi Afolabi, 38, a worshiper in a mosque he presided over.
She mentioned that Adamu a resident of Masinowe Compound, Ikoga in Badagry, who’s often known as (Kiekie), dedicated the offence on March 19, 2017, at 4.00p.m. at Waterside, Ikoga-Zebbe in Badagry.
She mentioned that the deceased had come to hunt non secular assist from the cleric however the defendant beheaded the deceased and chopped off different elements for ritual functions.
In keeping with the prosecutor, the offences contravened Sections 222 and 233 of the Prison Legislation of Lagos State, 2015.