https://nextedition.com.ng/2019/05/02/gang-rape-absence-of-defence-counsel-stalls-trial-of-5-unilag-students/

The trial of five students accused of gang-raping and blackmailing a fellow student at an Ikeja Sexual Offences and Domestic Violence Court was stalled on Thursday due to the absence of defence counsel.

The students; Moboluwaji Omowole, 19, Chuka Chukwu, 19, Peace Nwakanma, 19, James Aguedu, 20 and Josephine Osemeka, 20, students of the University of Lagos, UNILAG, were arraigned over defilement of a child, permitting the defilement of a child in a premises, and pro-curation.

Proceedings on Thursday, scheduled for the cross-examination of the complainant, name withheld, could not hold due to the absence of Mr. Bisi Ademulegun, the new defence counsel to Omowole, the first defendant.

Ademulegun, had written to the court seeking for a short adjournment because he was Omowole’s new defence counsel and had just been briefed on the case.

He noted that on the day scheduled for the continuation of the trial of the students, he had a case before the Court of Appeal in Ibadan.

Reacting to the letter, which was read in court by Justice Abiola Soladoye, Mr. Jide Martins, a Deputy Director of the Directorate of Public Prosecutions (DPP) and lead prosecutor in the case requested that the trial should go ahead.

Martins noted that the DPP intended to re-arraign the students on fresh charges.

“I am of the view that the matter is due for hearing and the delay occasioned by the learned gentleman is unfortunate, as this case has been on since Feb. 26.

“There is also an amended charge before the court,” he said.

The defence counsel, however, did not oppose Ademulegun’s request for an adjournment.

Mrs Abimbola Akeredolu, SAN, the defence counsel to Chukwu (second defendant) in supporting the request for an adjournment said; an accused is entitled to representation by counsel.’’

“If a counsel is absent for cogent reasons, I do not know what the hurry is. We were just served with the amended charge on April 29, which was on Monday. We will not be opposing the adjournment.”

Mr. Ben Aigbangbee, counsel to Nwakanma (third defendant) noted in his submission, that he was yet to be served with the amended charge by the prosecution.

Mr. Lawal Pedro, SAN, counsel to Aguedo (fourth defendant) said that the new charge filed by the prosecution, had brought a “new twist” to the case.

“My brief was to represent the fourth defendant on pro-curation, which is a misdemeanor. The new charge has changed the context of my brief.