A Lagos State High Court sitting at Tafawa Balewa Square (TBS) has dismissed Chidinma Ojukwu’s counsel’s objection to cross-examine a bank staff over late Mr Usifo Ataga’s bank statements tendered as exhibits.
Justice Yetunde Adesanya, however, admitted the bank statements as exhibits.
Ojukwu is standing trial for the alleged murder of Ataga, the Chief Executive Officer of Super TV.
She is charged with murder, stealing and forgery alongside her sister, Chioma Egbuchu, and one Adedapo Quadri.
The prosecution counsel, Mrs A. O Oluwafemi, told the court that the prosecution had a representative from Ataga’s bank who was in court based on a subpoena to tender the account document of the deceased.
She, however, called the representative of the bank, Mr Toafeek Lawal, to the witness box to present and tender the statement and certificate of identification.
After tendering the statement, the first defendant’s counsel, Mr Onwuka Egwu, objected to cross-examine the bank officer on the document he tendered.
According to him, Lawal is the account officer of the deceased as can be seen from the subpoena and certification attached to the account.
He, therefore, said that the bank officer was not in a position to give evidence in respect of the account.
But the second defendant’s counsel, Mr Babatunde Busari, and the third defendant’s counsel, Mr A. O. Ogunsanya, did not object to the tendering of the account statements.
Justice Adesanya, in a short ruling, said that Section 218 of the Evidence Act (EA) 2011 provides that a person whether a party or not in a cause, may be summoned to produce a document without being summoned to give evidence.
Credit: Nigerian Tribune