ATAGA: LAGOS COURT ADJOURNS CHIDINMA’S ALLEGED MURDER TRIAL

By Aishat Momoh. O.

A Lagos High Court on Thursday, adjourned the ongoing trial of Chidinma Ojukwu, the alledged killer of SuperTV boss, Usifo Ataga due to the defense counsel’s request to be excused as he had an appointment with his doctor.

Ojukwu is standing trial on charges of murder, theft, and forgery alongside her sister, Chioma Egbuchu, and one Adedapo Quadri before the Lagos High Court sitting at Tafawa Balewa Square.

Justice Yetunde Adesanya however, read out her ruling on the adoption of picture and video evidence that was tendered in court by the police.

In her ruling she said, the court will adopt the Video evidence as exhibit PW 24.

She made the announcement, after the first defendant had argued against the adoption of the evidence as he stated that the evidence that was tendered to the court was not recorded by the police officer that was present in court as a witness.

Justice Yetunde thereafter adjourned the case till 11th and 12th of October, 2022 for continuation of trial.

Meanwhile, on Tuesday, 4th October, 2022, the court listened to the audio recording of a phone conversation between Chidinma Ojukwu and the security guard, Abubakar Mohammed, at the rented short-let service apartment where Michael Ataga, the Chief Executive Officer of Super TV, was allegedly murdered.

In the audio recording that was played, the court heard Ojukwu saying hello, while Mohammed also responded by saying hello, who is this? The first defendant said it is me, and then she asked the security guard about Ataga’s car.

She asked the security man “Is the car around? To which the guard replied ‘’which car.’’ Chidinma said, ‘’that my oga car, the black Range Rover.”

Mohammed was also heard, telling the first defendant that, as she was not around, he could not go and knock on the man’s door. He then asked her if the man was alive and she replied that Ataga was alive.

He further asked her what time she was coming back; she said, “I am coming.” Mohammed then asked her to use her phone number to call him so that he can have it, to which she replied, “ok”.

Earlier, Mrs. Adenike Oluwafemi, the Lagos State Deputy Director for Public Prosecutions, requested confirmation from Deputy Superintendent of Police; Olusegun Bamidele, the ninth prosecution witness, regarding his testimony from May 9 in which he described the security guard’s interaction and conversation with the first defendant.

Bamidele supported his testimony in court and the proof he provided, saying that the security guard had copied the audio discussion to his Infinix Hot 4 smartphone.

The witness responded in the affirmative when asked if he could recognize the Compact Disc. He recognized it when it was shown to him and informed the court that he had attached a certificate of conformity to the CD.

Nevertheless, the CD was offered as evidence by the prosecution, but the first defendant’s attorney, Onwuka Egwu, objected because Bamidele (PW9) was not the CD’s creator.

He said, “The alleged maker of the CD is Mohammed (PW2), and the prosecution has not made the required document as to why this court will make do with a hearsay document when the author has already given evidence as PW2.”

Egwu cited Section 83 1 (a) (ii), 2011 of the Evidence Act and said “The prosecution has not laid any of this foundation of the tendering of the document through Segun Bamidele.

“If the prosecution desires and wants to rely on this document, PW2 ought to have been called,” he said.

Meanwhile, the second counsel to Quadri; Babatunde Busari, said he had no objection as the document does not relate to the second defendant, and the third defendant, Egbuchu’s counsel C. J. Jiakponna aligned himself with the first defendant’s counsel.

He said, “Due process must be followed, this is a court of law. They did not lay the foundation. The author of this document is supposed to appear before your lordship. This is hearsay.”

In her reply, Oluwafemi said, “It is trite law that whatever the investigation Police Officer gathered as evidence is direct evidence and not hearsay. Finally, admissibility is based on relevance.”

In a short ruling on the arguments of the prosecution and defence counsels, Justice Yetunde Adesanya dismissed the objection of the defence.

Consequently, Justice Adesanya adjourned the case to October 6, 2022, for the continuation of the trial.

On the last adjourned date on July 7, the case was stalled as counsel to Ojukwu, Egwu, who was absent and applied to the court to vacate the date as he was stuck in Anambra State due to a flight delay.

The three defendants were arraigned on October 12, 2021, on a nine-count charge preferred against them by the Lagos State Government.

Recall that, in April 2021, Chidinma, her sister Chioma Egbuchu and Adedapo Quadri were arrested by the police for alleged murder of Usifo Ataga which happened at number 19, Adewale Oshin Street, Lekki Phase 1, Lagos. They are facing an eight-count charge bordering on murder, conspiracy, forgery, making of  bank statement, stealing, and stabbing.

The third defendant is facing a nine-count charge of stealing an iPhone 7 that belonged to the deceased.