Cynthia: Judge admits video of confessional statement as evidence

FRANCIS IWUCHUKWU

A Lagos High Court sitting in Igbosere, presided over by Justice
Olabisi Akinlade today admitted as evidence, a video containing confessional statements of the alleged killers of Facebook girl, Cynthia Osokogu.

It is recalled that the accused persons: Okwumo Nwabufo 34; Olisaeloka Ezike, 24; Orji Osita, 33; and Ezike Nonso, 25, were dragged before the court for alleged conspiracy and murder by the Lagos State Government.

At the last hearing on the matter, a film editor and cinematographer, Mr Emmanuel Peters who was led in evidence by the Lagos State Attorney General (AG) and Justice Commissioner, Ade Ipaye informed the court of how he made the video recording and certification.

The witness explained that he connected his Sony digital camera to a Panasonic DVD player with a DELL laptop computer which he used in producing the DVD containing the video after which he destroyed the copy on his camera.

He consequently identified the DVD and the certification document which was tendered as evidence by Mr Ade Ipaye.

But in a stiff opposition, counsel to the second defendant, Mr Michael Ajayi, insisted that the document does not fulfil the provisions of Section 104 of the Evidence Act.

The lawyer also posited that the certification was done after the trial had commenced and that there was nothing to show that legal fees had been paid to obtain the document citing a case of Tapik United Vs GTB Plc.

In his response, Ipaye quoted Section 141 of the Evidence Act that the proof of payment is required where "there are legal fees prescribed in that respect."

The AG added that, "The
DVD was produced at the instruction of the police in the course of investigation, the whole purpose is to put it in evidence in a prosecution initiated by the state as between the police and the prosecution authority.

"What the supreme court said, on the case sited by the defense counsel was that the learned trial judge ought to have ordered counsels to ensure that the said documents are paid for after which the trial continues."

Ipaye urged the court to
admit the DVD accompanied with the certification as evidence as they are very relevant.

The court in its ruling then declared that the video recording is relevant to the trial and admitted it alongside a certification document as exhibit P16a and P16b respectively.

The matter has been adjourned till September 19, October 3 and 10 for continuation of trial.