The absence of a prosecution witness, Augustine Anosike, on Tuesday, stalled the ongoing trial of a popular Nigerian musician, Azeez Fashola, a.k.a Naira Marley, at a Federal High Court sitting in Lagos.
Anosike, a forensic analyst, is testifying as a second prosecution witness in the case.
The Economic and Financial Crimes Commission is prosecuting the defendant on charges bordering on cyber crime.
Fashola was arrested on May 14, 2019.
The musician, who sang the popular song, ‘Am I a yahoo boy,’ was arraigned on May 20, 2019 before Justice Nicholas Oweibo, but he pleaded not guilty.
The court granted him bail in the sum of N2 million with two sureties in like sum.
Trial had since commenced in the case and the second prosecution witness who concluded his examination in chief on October 27, was scheduled for cross examination on Tuesday.
When the case was called, Rotimi Oyedepo announced appearance for the prosecution, while Olalekan Ojo (SAN) appeared for the defendant.
Oyedepo informed the court that his witness was unavoidably absent on what he termed ‘compassionate grounds.’
He added that the witness was currently in his village, urging the court to graciously grant an adjournment for December 14.
Defence counsel told the court that “It was rather unfortunate that the matter could not proceed today. The prosecution ought to have given sufficient notice of the witness’ absence.”
Ojo urged the prosecution to ensure that adequate information reached him earlier in similar circumstances.
Meanwhile, the prosecutor quickly clarified that, “I only got information as to the witness’ absence at about 9.30am while in the parking lot of the court this morning.”
He stated that it was not in the character of prosecution to waste the time of the court, adding that the witness would be present on the next date of adjournment.
The court adjourned the case until February 16 and 17 for continuation of trial.
According to the EFCC, the defendant committed the offences on different dates between November 26, 2018 and December 11, 2018, as well as May 10, 2019.
The Commission alleged that Fashola and his accomplices conspired to use different Access Bank ATM cards to defraud their victims.
It alleged that the defendant used a bank credit card issued to another person in a bid to obtain fraudulent financial gains.
The EFCC also said that the defendant possessed counterfeit credit cards belonging to different people, with intent to defraud the owners.
The alleged offences contravened the provisions of sections 1, 23 (1) (b), 27 (1) and 33(9) of Cyber Crime (Prohibition) Prevention Act, 2015.
(NAN).
