Criminal charges against Nigerian musician Naira Marley has been adjourned on Tuesday until Wednesday, October 23, 2019.
Naira Marley, real name, Azeez Fashola’s fraud trial was slated to start today, but his counsel his counsel, Olalekan Ojo, prayed Justice Nicholas Oweibo to halt proceedings until a motion he filed today was determined.
In the motion, the defendant prayed the court to compel the Economic and Financial Crimes Commission (EFCC) to furnish him with the prosecution witnesses’ statements.
Ojo said: “In the course of pre-trial preparation, it was discovered that certain documents which we require and to which prosecution made reference in their proof of evidence, are not available to us.”
He prayed the court to hear his motion before the prosecution calls its first witness. But the EFCC counsel, Rotimi Oyedepo, opposed the adjournment application.
According to him, the prosecution was not in possession of the required documents, besides, the defence was not entitled to the statements as of right.
In a bench ruling, Justice Oweibo granted Naira Marley’s prayer. Ojo moved the motion and again, Oyedepo opposed him.
After hearing the motion, the judge ruled in Naira Marley’s favour and therefore ordered the EFCC to provide the defence with its investigators’ statements.
He held: “In a criminal trial, it must be borne in mind that criminal trial at the federal high court is a summary trial. Therefore proof of evidence is not required.
“However, the investigating officer’s report must be furnished to the defence and the statements of witnesses, if any.”
He adjourned the trial until Wednesday (tomorrow).