COURT
10: TALE OF MY NARROW ESCAPE!
I
have always believed in adequate preparedness when it comes to court matters
and trials, but on Wednesday in court 10, I was caught off guard. At our last
adjourned date, the complainant, was not in court, infact he has never been in
court, because he is the ‘ oga at the top’ who decided to deal unjustly with my
client. This made the magistrate really mad, how can a man who calls himself a
honourable at the House of Representative, make a mockery of our court system,
why would he instigate a criminal case against the defendant and for close to a
year never appear in court. It couldn’t get any better, this was icing on the
cake for me, so I immediately ceased the opportunity to humbly ask that the
matter be struck out. The magistrate was in agreement with me, but refused to
strike out the case, on the grounds that she was going to give the complainant,
one more chance to make himself available in court. if he was not in court
at the next adjourned date, then she would gracefully strike out the case.
So
my client and I went home, confident, that ‘Oga at the Top’ wont stoop low to
appear in the magistrate court, and also considering the fact that my client
was set up, and unjustly charged for an offence he never committed. So you can
imagine my surprise when on Wednesday, we got to court only to discover that
the Magistrate had been transferred and that a new magistrate appointed. The
implication of this is that the matter would start ‘de novo’ afresh. I was
thrown a bit off balance. As expected the complainant was not in court, the
prosecutor, claimed that he was part of the team, reviewing the constitution (
a big lie, because of Ramadan( month Muslims are fasting), all members of House of
Representative and Assembly are on recess) but he however had one witness in
court the Investigating Police Officer (IPO).
The
charge was read out to my client again, he pleaded not guilty before the new
Magistrate, and I adopted the former bail conditions, that were granted by the
former magistrate. The prosecutor requested that we commence trial, i did not
object, I felt I had all the materials to deal with a trial, the case was
thereafter stood down for trial, we went on recess to resume in an hour.
It
was during the recess that reality struck, because I was so confident that
there would be no trial, I did not check the law books, and laws I had carried.
The only evidence against my client was his hand written statement, which was
gotten by force and duress. Whereas I had my evidence Act , I did not have the LAW
ON CRIMINAL JUSTICE ADMINSTRATION IN THE HIGH COURTS AND MAGISTRATE COURTS OF
LAGOS STATE AND FOR OTHER CONNECTED MATTERS . Section 3(2) states that a lawyer
must be present when a defendant makes a voluntary statement, I was heavily
pregnant, when he made that statement and my Associate who was suppose to
represent me, was far from him when he wrote his 10 page statement. (please
never write a lengthy statement in the police station, a page is ok, preferably
half a page).
Any
way trial started, and the IPO, was invited to the witness stand and he took
his oath with the holy bible. The Prosecutor started his examination –in-
chief, and I just liked the IPO’s response, good for my case. Then the
prosecutor brought my client’s statement to be admitted as evidence in the
case. I stood up to object, relying on the Evidence Act, which I had with me,
which says that a voluntary statement gotten by force or duress by a person in
authourity would not be admissible, then I made the brave attempt of citing the
law which I could not provide to the court. Very embarrassing but brave, I
could not cite the name of the law, I knew it was Section 3(2), I knew the
content, I was mumbling words, the magistrate, was flashing the law at my face,
but definitely could not help me out and no other lawyer had the law in court.
LOL!
Well
the magistrate was kind enough to give me one week to provide her with the law,
and kindly adjourn the matter for ruling. That’s the tale of my narrow escape. Any
way the law has been sent to the court, by my secretary and I am praying for a
favourable ruling at the next adjourned date.
Words
and Meaning.
1. Ruling:
a ruling is like a mini judgment, given by a magistrate or judge to clear any
issue that arises during a matter in court.
2. Oga
at the top : ‘Pidgin English’ , phrase means a person in authourity.
