A Lagos State High Court sitting in Ikeja, Lagos, on Wednesday, adjourned till July 2, 2024, for adoption of final written addresses in the trial of the quartet of Mark Obisesan, Olumide Mcintouch, Bolaji Bakare and Goodluck Bazunu, who are being prosecuted for an alleged possession of forged Traveller cheque.
Trial judge, Justice I. Ijelu.
The defendants were, on February 16, 2023, re-arraigned by the Economic and Financial Crimes Commission, EFCC, on an amended 11-count charge bordering on purchase of forged bank notes, contrary to Section 370 of the Criminal Law of Lagos State 2011, and conspiracy to purchase forged bank notes, contrary to Section 410 of the Criminal Law of Lagos State 2011.
One of the counts reads: “Mark Obisesan, Olumide Mcintouch, Bolaji Bakare, Goodluck Bazunu, and Josiah Ntekume (at large) sometime in 2018 at Lagos, within the Ikeja Judicial Division, received and have in your possession forged United States Dollars Travellers Cheque number GA908-981-564.”
Another count reads: “Mark Obisesan, Olumide Mcintouch, Bolaji Bakare, Goodluck Bazunu, and Josiah Ntekume (at large) sometime in 2018 at Lagos, within the Ikeja Judicial Division, conspired to purchase, received, and have in your possession forged United States travellers cheques.”
They pleaded “not guilty” to the charges when they were read to them.
The prosecution, through its counsel, N.K. Ukoha, had, on November 30, 2023, closed its case, after calling three witnesses.
At the court’s sitting on January 18, 2024, counsel for Bazunu, Ndubuisi Oraenyen, informed the court of the death of his client, who was the fourth defendant.
The other defendants subsequently opted to open their case to prove their innocence, after the prosecution had closed its case.
However, after the defence had closed its case, the adoption of the final written addresses by the parties suffered several adjournments, owing to the absence of one defence counsel or the other.
At Wednesday’s proceedings, Ukoha informed the court that the matter was slated for adoption of final written addresses.
“Processes have been filed and exchanged and the prosecution is ready,” he said.
Counsel to the first defendant, Chief Bolaji Ayorinde, SAN, also informed the court that he was ready.
Counsel to the second defendant, Bilikisu Abe, told the court that she had also filed her final written address.
She, however, added that she only got the processes of the prosecution “less than 24 hours before now.”
She said: “I don’t know what he has put in his final written address; so, I will be asking for cost of N250 ,000 for today.”
She, therefore, said that she would be unable to proceed with the day’s proceedings.
Counsel to the third defendant, N.T. Adegbagbo, also confirmed that he had filed and served his final written address.
“We are ready,” he said.
Responding, Ukoha, argued that, at the last sitting, the trial Judge had ordered all the defendants to file and serve their final written addresses on the prosecution to enable the prosecution file “a compound response.”
“We had to wait, as all parties were to file theirs before the prosecution responds,” he said.
He further informed the court that the prosecution had to surmount various obstacles inadvertently placed before it, but was eventually able to get the processes served on the second defendant.
“The prosecution is not the party that is found wanting, as we filed our processes in line with the order of my lord.
“The first defendant filed two months after my lord’s order,” he said.
He further showed the court the acknowledgement of receipts by all the parties and urged the court to discountenance the prayer of the second defendant for cost.
After listening to all the arguments, the trial Judge noted that the order of filing handed down to the defence was not followed.
“The disruption affected the filing of the prosecution’s final written address.
“Consequently, this court is unable to accede to the request for cost,” the trial Judge held.
Thereafter, Justice Ijelu further adjourned the matter till July 2, 2024 for adoption of final written addresses, after which the date for judgment would be given.
