Cynthia Osukogu: Accused requests for indefinite adjournment

Justice Olabisi Akinlade of the Ikeja High Court, Lagos State has fixed the trial of the accused persons in the murder of Cynthia Osukogu for February 8, 2013.
The office of the Attorney-General of Lagos State is pressing formal criminal charges against four accused persons – Ezike Olisaeloka Nonso, Orji Osita, a pharmacist, and Okwumo Nwabufo – brought before the court .
The accused were brought to the court on Tuesday for the trial to commence but Olukayode Dada, the counsel to Olisaeloka, one of the accused, prayed the court to adjourn the trial indefinitely as he stated that his client and the others would not get fair hearing.
Dada said: “They have been tried and convicted on the pages of newspapers.”
Dada stated that the foreknowledge of the presiding judge about this case will not “guarantee” Olisaeloka’s fair trial.
In an application asking the judge to stay proceedings on the charges against the second defendant pending the time the accused persons would have “fair hearing,” Dada said: “There has been a media-generated notoriety of the case, especially on the pages of newspapers and on social media, where they have been tried and even convicted.
“In view of this, fair trial cannot be guaranteed the second defendant at this time.
“The judge even has a foreknowledge of the case, thus the court cannot guarantee independence and impartiality.”
Ade Ipaye, the Attorney General of Lagos State and Commissioner of Justice, who appeared alongside the Director of Public Prosecutions, Mrs. Olabisi Ogungbesan, and seven other state counsel for the prosecution, urged the court to dismiss the application since it is “mere opinion and not facts.”
Ipaye said: “I wish to observe, first, that what the applicant seeks is an order of the court to suspend indefinitely the arraignment and trial of the second defendant (Olisaeloka).
“I strongly oppose the application because the suspect cannot be tried at his own leisure.
“Fair hearing and reasonable time referred to in the constitution is not by the public or by the press but by the court or tribunal established by law.
“The constitution seeks specifically for the independence and impartiality of the courts not that of the general public in respect of a criminal trial.”
Ipaye also urged the court to exercise its judicial discretion and proceed with the arraignment and speedy trial of all the defendants and refuse the applicant’s request for bail.