On Naira Marley: Court orders EFCC to produce witness statements
The trial of popular Nigerian musician Naira Marley, known with real name; Azeez Fashola, resumed on Tuesday at the Lagos Division of the Federal High Court.
During the hearing, the judge,
Nicholas Oweibo, ordered the Economic and Financial
Crimes Commission (EFCC) to furnish the defence counsel,
Olalekan Ojo, with witness statements which it (EFCC) took while investigating
Naira Marley for alleged internet fraud.
Before the commencement of trial, Mr
Ojo brought to the notice of the court that he had a motion on notice that he
would prefer to be heard and determined before the trial opened.
“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,” Mr Ojo said.
The EFCC counsel, Rotimi Oyedepo,
however, opposed the adjournment application, stating that the prosecution was
not in possession of the required documents
He
also added that the defence was not entitled to the statements as a right.
Justice Oweibo, however, gave leave
to the defense to raise its motion.
In the motion, the defendant prayed
the court to compel the EFCC to furnish him with the prosecution witnesses’
statements.
After listening to the motion, the
judge gave a bench ruling in favour of the defendant.
He then ordered the EFCC to
provide the defence with its investigators’ statements, if any.
“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,”
the judge said.
“However, the investigating
officer’s report must be furnished to the defence and the statements of
witnesses, if any.”
Justice Oweibo subsequently
adjourned till October 23 for the commencement of the trial.
Naira
Marley was arrested by the anti-graft agency, EFCC, for alleged internet fraud.
Naira
Marley was arraigned on May 20, 2019 and pleaded not guilty to all 11 counts.
He was also granted bail of N2
million with two sureties in like sum.
According to the charge, the
defendant committed the offences on different dates, November 26, 2018,
December 11, 2018, and May 10.
Naira Marley and his accomplices
allegedly conspired to use different Access Bank ATM Cards to defraud their
victims.
They allegedly used Access Card
number 5264711020433662 issued to other persons, in a bid to obtain fraudulent
financial gains.
Naira
Marley was said to have possessed these counterfeit credit cards, belonging to
different cardholders, with intent to defraud, and which also constituted
theft.
The
offences contravene the provisions of Section 1 23 (1) (b), 27 (1}, 33, 33(9)
Cyber Crime (Prohibition) Prevention Act, 2015.
